Product Liability – Notable Judgments

Our firm has been counsel in the following cases:

• Tabrizi v. Whallon Machine Inc., 1996 CanLII 3532 (BC SC), (1996), 29 CCLT (2d) 176 (BCSC) (Defective Design)
  Joe Fiorante, Q.C. and Sharon Matthews, Q.C. acted as counsel for the plaintiffs involving a severe crush injury to a fish plant worker who was operating a hydraulic palletizing machine. This case is frequently cited as one of the leading authorities governing the laws of product liability and in particular, defective design in British Columbia.
• Wyman v. Fammarz S.R.L., 2009 BCSC 990 (CanLII) (Claim for Punitive Damages)
• Wyman v. Fammarz S.R.L., 2009 BCSC 1267 (CanLII) (Discovery of Documents)
  In the Wyman cases Joe Fiorante, Q.C. and Reidar Mogerman teamed with Kelowna counsel to represent a 13 year old boy who suffered a catastrophic brain injury when the fork of his mountain bike failed due to metal fatigue. The case involved complex issues of materials and mechanical engineering design and settled out of court.
• Hunt v. T&N, plc [1993] 4 SCR 289 (Asbestos)
  J.J. Camp, Q.C. acted as senior counsel in a claim brought against a number of asbestos manufacturers arising from the inhalation of asbestos fibers. The case produced a number of important rulings at the trial level, the British Columbia Court of Appeal and the Supreme Court of Canada on issues such as the constitutionality of the Quebec Business Records Concern Act, and elements of the tort of civil conspiracy.
• Amchem Products Inc. v. British Columbia (Workers Compensation Board), 1993 CanLII 124 (SCC), [1993] 1 SCR 897
  J.J. Camp, Q.C. and Joe Fiorante, Q.C. acted as counsel to the Workers Compensation Board in an action brought by a number of asbestos companies to enjoin the WCB from pursuing product liability cases against them in Texas. The Supreme Court of Canada overturned the injunction granted by the lower courts and established new law on the issues of forum non-conveniens and anti-suit injunctions.