Canada: Product Liability & Safety

Starting October 5, 2026, Quebec will implement a new legal warranty of good working order for household appliances and electronic devices, requiring merchants and manufacturers to adapt their practices from price display to claims handling. What obligations will businesses face under Bill 29's amendments to the Consumer Protection Act, and how can they prepare for compliance before the deadline?

Health Canada has introduced mandatory performance standards for consumer products containing button/coin batteries, requiring immediate compliance from manufacturers, importers, advertisers, and sellers. Companies must now certify that their products, packaging, and labelling meet specified safety criteria or equivalent standards to mitigate ingestion hazards. This regulatory update offers a more flexible, outcomes-based approach compared to the prescriptive requirements of Reese's Law in the United States

A Quebec Superior Court partially authorized a class action against 13 automakers over smart key vulnerabilities that enable relay attacks, raising critical questions about manufacturer liability for cybersecurity flaws and the extent of their duty to inform consumers about technology-related risks. The decision also breaks new ground by addressing whether AI-generated translations can be admitted as evidence in court proceedings.

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

Hospital data shows a sharp rise in serious injuries from e-scooters and e-bikes among children, with boys aged 10-13 most affected and head injuries accounting for 36% of cases. Ontario law prohibits anyone under 16 from riding these devices, yet they remain widely available for purchase, creating a dangerous regulatory gap. When a child is injured, determining liability involves examining multiple parties including supervisors, retailers, manufacturers, and other road users.

Since 2019, Siskinds LLP has represented the plaintiffs in proposed JUUL class actions across Canada, alleging that the e-cigarette devices are hazardous products but were falsely marketed as a desirable, safe and healthier alternative to smoking. These Canadian lawsuits allege the defendants failed to properly inform Canadians, especially children, adolescents and young adults, of the dangers associated with the use of JUUL products.

A proposed Canadian class action has been commenced alleging that certain endoscope devices may expose patients to serious and potentially life-threatening infections.

A 2026 decision from the Ontario Superior Court of Justice reinforces a fundamental principle of Canadian product liability law...

On February 24, 2026, McCarthy Tétrault hosted our 16th annual Retail and Consumer Markets Summit. The program addressed some of the most critical issues affecting the retail and consumer markets space today...