Tort and Contract Law in Product Liability Cases (ON)

Summary

This practice note discusses the application of tort and contract law in product liability cases in Ontario. It outlines how product liability claims can be pursued under either tort or contract law, highlighting the general principles of negligence and the role of federal and provincial legislation in determining the duty and standard of care. It also examines the strategic decision-making involved in choosing between tort and contract law, including considerations of concurrent liability and the impact of contractual limitations or waivers.