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Product Liability

Presentations, lecture notes and visual aids delivered at the Federated Press Product Liability Course held in Toronto on May 16 & 17, 2002.

To purchase, please contact Federated Press.


Recent case law
Dean F. Edgell

Class actions
Robert B. Bell

Punitive damages
Douglas M. Worndl

Role of experts
Michael C. Smith

Discoveries
Garri Benjamin Hendell

Addressing product recall
Peter R. Braund

Product liability issues from a manufacturer's perspective
John H. Junker-Andersen

Litigation management for in-house counsel
Leo Bax

The duty to warn
Tim Buckley

CASE STUDY: Plaintiff vs. defendant's perspective
Norman Letalik
Dean F. Edgell

Insurance issues
Arthur Despard
Leo Bax


Course Leader

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Norman Letalik
Borden Ladner Gervais LLP
Norman Letalik is a Partner with Borden Ladner Gervais LLP and National Head of the firm's Product Liability practice group. Norm has successfully defended General Motors, Nissan, Mazda and Subaru and a variety of automotive dealerships in product liability claims in the automotive sector. He has defended Standard Aero, McDonnell Douglas (now Boeing) and Bell Helicopter in the aviation sector as well as Otis Elevator and Carrier Corporation in the building sector. Norm is named one of Canada's leading lawyers in Lexpert's 2001 Directory.

Co-Lecturers

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Peter R. Braund
Borden Ladner Gervais LLP

 

Peter R. Braund, a Partner with Borden Ladner Gervais LLP, specializes in insurance law and commercial litigation and related counsel work. He has been successful in acting for, advising and representing a number of the firm's corporate clients in respect of product compliance and product recall matters. Peter is a director and lead outside counsel for Yamaha Motor Canada Ltd. - a position he has held for over 20 years. He also acts for various insurers and insureds with respect to first-party and third-party claims in all areas of casualty, property and liability insurance matters.
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John H. Junker-Andersen
Nissan Canada Inc.

 

John H. Junker-Andersen is Corporate Manager of Quality Assurance for Nissan Canada Inc. He is responsible for all product quality and product liability issues for Nissan and Infiniti products, and he oversees all Government regulatory affairs. John brings over 25 years of experience and expertise in the automotive industry with three major automotive/heavy truck manufacturers. John is a member of the Society of Automotive Engineers.

 

 

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Douglas M. Worndl
Borden Ladner Gervais LLP
Douglas M. Worndl is a Partner in Borden Ladner Gervais's Toronto Office. He was called to the Bar of Ontario in 1989, after his graduation from the Faculty of Law at the University of Toronto. Doug practises in the areas of aviation insurance litigation and commercial litigation. He is a member of the firm's National Commercial Litigation Professional Group and the National Aviation Practice Group. Doug has provided on-going advice to a variety of clients in prosecution and defence of claims arising out of commercial disputes: in particular, commercial lawsuits involving allegations of breach of contract, negligent misrepresentation, breach of trust, breach of fiduciary duty; shareholder disputes including actions and applications under the Ontario Business Corporations Act and the Canada Business Corporations Act; disputes arising out of accountants'/auditors' negligence; interim and interlocutory injunction applications and motions; arbitration and mediation of commercial disputes. As part of the firm's National Aviation Practice Group, Doug defends airlines, airports, aircraft manufacturers, aviation component manufacturers, aircraft owners and operators and their insurers in tort actions involving issues of product liability, liability arising out of aircraft operations, and occupiers' liability. Doug is a member of the Canadian Bar Association, the Advocates' Society, The Lawyers' Club, and is an International Associate Member of the American Bar Association.

 

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Leo Bax
3M Canada Inc.

 

Leo Bax is Insurance Manager at 3M Canada Inc., administering the property and liability insurance programs of the company that has annual sales in excess of one billion dollars and employs more than 2,000 Canadians. Leo is responsible for placement and claims handling for the liability, property, and ocean marine program for global operations excluding the United States. As part of the global insurance team, he is involved in revamping the global programs and setting 3M global standards for insurance. He is also a member of various risk management teams at the company.

 

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Tim Buckley
Borden Ladner Gervais LLP

 

Tim Buckley, a Partner with Borden Ladner Gervais LLP, practises commercial litigation and insurance defence litigation with a special focus on technology-related cases. He has successfully defended product manufacturers in class actions and conventional proceedings; hospitals on claims arising from defects in design, manufacture and maintenance of equipment and medical devices; as well as manufacturers of hardware and software on performance claims. Tim has also prosecuted subrogated claims against manufacturers and designers of defective products.

 

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Arthur Despard
Marsh Canada Limited

 

Arthur Despard is a consultant with Marsh Canada Limited, a part of Marsh Inc., one of the world's leading risk and insurance firms. He has extensive experience in providing clients with solutions employing a blend of risk mitigation, risk transfer, and advanced risk financing. Art spent 36 years with Reed Stenhouse, first as a casualty manager and then as a consultant recommending cover and alternative methods of risk financing for the firm's larger clients. He has taught, and written extensively on, the subject of liability insurance.

 

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Dean F. Edgell
Oatley, Vigmond

 

Dean F. Edgell is a Partner with the firm Oatley, Vigmond. He concentrates his practice on civil litigation, and he is the author of Product Liability Law in Canada (Butterworths, 2000). Dean has experience acting on behalf of the plaintiff in product liability cases, and he has expertise in insurance and personal injury litigation. He has appeared before courts at all levels, including the Ontario Court of Appeal.

 

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Robert B. Bell
Borden Ladner Gervais LLP

 

Robert Bell is a Partner in Borden Ladner Gervais's Toronto office. He was called to the Ontario Bar in 1980. His areas of practice include civil litigation, specializing in insurance matters with an emphasis on product liability and defamation; general casualty work; and coverage issues including sexual abuse claims against institutions. He has acted in numerous insurance cases with trial and appellate experience including before the Supreme Court of Canada. He is a frequent speaker and author on litigation and insurance issues. He is a member of the Canadian Bar Association and the Advocates' Society
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Garri Benjamin Hendell
Borden Ladner Gervais LLP
Garri Hendell is an associate at Borden Ladner Gervais's Toronto office. He was admitted to the New York Bar in 1993 and to the Ontario Bar in 1997. He was granted a B.A. (Hons.) in Jurisprudence from the University of Oxford in 1991, a "licence spéciale" in European Union law (with distinction) from the Institut d'Études Européennes of the Université Libre de Bruxelles in 1992, as well as an LL.M. from the New York University School of Law in 1994. Mr. Hendell has a civil litigation practice, including commercial litigation, insurance defence litigation, as well as transnational/international litigation and arbitration. He is also an active member of the firm's transportation practice group, specializing in aviation and maritime matters. He is a member of the American Society of International Law, the American Bar Association, the New York Bar Association, and the Canadian Bar Association (Ontario).

 

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Michael C. Smith
Borden Ladner Gervais LLP
Michael Smith is an associate practising in Borden Ladner Gervais's Toronto office. He obtained his Bachelor of Laws degree from the University of Windsor in 1996 and was admitted to the Ontario Bar in 1998. Michael practises civil litigation with an emphasis on product liability, municipal and police liability, insurance law, aviation law, and marine law. He is a member of the Canadian Bar Association, the Advocates' Society, the Metropolitan Toronto Lawyers Association, the American Trial Lawyers Association, and the Canadian Maritime Law Association. He has authored or co-authored several articles on various aspects of Government liability.

 

Biographies are accurate at the time of recording.

 

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