Canada: Product Liability & Safety

Health Canada has launched a public consultation on a proposed mandatory food packaging framework that would require notifications for all food contact materials sold in Canada. The initiative aims to enhance oversight of chemical exposures through a new knowledgebase system that cross-references submitted information against evaluated materials, with a five-year phase-in period anticipated following regulatory development.

Quebec's new Bill 24 prohibits businesses from using a person's identity or image in consumer advertising without consent, creating significant compliance obligations for companies using AI-generated content, synthetic voices, and digitally altered spokespersons. The legislation introduces broad enforcement powers and extends liability beyond content creators to platforms that distribute or facilitate unauthorized representations.

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar

A proposed Canadian class action alleges that certain Boston Scientific pacemakers may pose serious health risks due to battery defects that can trigger device failures, potentially causing irregular heart rhythms, fainting, stroke, or death.

Effective June 15, 2026, Health Canada is changing the compliance test for playpens with removable floor pads and removable foldable components. Health Canada has developed an interim policy that modifies compliance...

The past year has continued to be an active one for class proceedings in Canada. More than 250 actions have been filed in courts across the country since the beginning of 2025.

On September 5, 2025, the Office de la protection du consommateur (OPC) published a guidance (Guidance) on the warranty of availability of replacement parts...

The Product Liability and Mass Torts Group at McCarthy Tétrault LLP is pleased to bring you our analysis of recent decisions for businesses manufacturing or selling products in Canada...

Limitation periods are a public interest consideration in the legal system which seeks to weigh a person's right to sue with a person's right not to have potential legal claims held over them indefinitely.