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Class Action Updates

July 10, 2018

Class Counsel attended before the BC Court on June 25, 2018 for the application to approve settlements with National Bank, Visa and Mastercard and are…

June 21, 2018

On June 15, 2018, the court approved an order finalizing the distribution of settlement funds in this class action. The settlement distribution has now been…

May 15, 2018

Settlements totaling $290,000 were reached with Trillium Health Care Products Inc., Vita Health Products Inc. and Procter & Gamble Inc. The settlement funds were used…

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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.
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