SlideShare ist ein Scribd-Unternehmen logo
1 von 29
Implications of the New Canada
                                   Consumer Product Safety Act

                                                                                     Wednesday, June 8, 2011




MONTRÉAL      OTTAWA   TORONTO   CALGARY   VANCOUVER   NEW YORK   CHICAGO   LONDON   BAHRAIN   AL-KHOBAR*   BEIJING    SHANGHAI*      blakes.com
*Associated Office                                                                                                    Blake,Cassels & Graydon LLP
Seminar Index

          Implications of the New
    Canada Consumer Product Safety Act
                        Wednesday, June 8th, 2011


                                                                            TAB

Presentation Slides ...................................................... 1

•   Overview: Canada Consumer Product Safety Act            Laura Weinrib

•   Incident Reporting under the CCPSA                      Alice Tseng

•   Record Keeping under the CCPSA                          Laura Weinrib

•   Recalls under the CCPSA: What’s So New About Recalls?   Elizabeth McNaughton

•   The Precautionary Principle and Enforcement under the   Sharon Wong
    CCPSA

•   CCPSA and Class Action Risk                             Robin Linley




Speaker Profiles ........................................................... 2
Tab 1
Implications of the New Canada
 Consumer Product Safety Act
          June 8, 2011
Overview: Canada Consumer
        Product Safety Act

               Presented by: Laura Weinrib




                          Application
• Applies to “consumer products”
     – applies to products, including components, parts or accessories
       and packaging, that can be reasonably obtained by an individual
       for non-commercial purposes (specifically includes domestic,
       recreation and sports purposes)
• Exclusions
     – excludes products currently regulated under certain specific
       legislation (e.g., food, drugs, natural health products, medical
       devices, cosmetics, pest control products, most vehicles, plants,
       controlled substances)




                          Prohibitions
•   Prohibition against the manufacture, importation, advertisement or
    sale of consumer products that pose a “danger to human health or
    safety”
     – “danger to human health or safety” is defined as “any unreasonable
       hazard – existing or potential – that is posed by a consumer product
       during or as a result of its normal or foreseeable use and that may
       reasonably be expected to cause the death ... or have an adverse effect
       on that individual’s health – including an injury... .”
•   Prohibits packaging, labelling or advertising that is false, misleading
    or deceptive, as it relates to health and safety
Record-Keeping and Testing
•   Record-Keeping
     – document preparation and maintenance requirements for all who
       manufacture, import, advertise, sell or test consumer products
       for commercial purposes, to facilitate product tracing

•   Testing
     – government can order commercial manufacturers and importers
       to conduct consumer product safety tests/compile information
       and provide the results




    Incident Reporting and Recalls
•   Incident Reporting
     – requires manufacturers, importers and sellers to report within
        2 days when they have knowledge of an “incident”
     – “incident” defined to include a defect, recall,
        erroneous/insufficient label information or occurrence that results
        or could result in serious injury or death
•   Mandatory Recalls
     – Minister of Health given power to order mandatory recalls or
        other corrective measures where the inspector reasonably
        believes the product poses a danger to human health or safety




                  Inspection Powers
•   Broad inspection powers under the Act for purpose of verifying
    compliance and preventing non-compliance
•   Health Canada inspectors may:
     – enter a location in which they have reasonable grounds to believe that
       activities related to consumer products take place (e.g. manufacturing,
       importation, advertisement, packaging, storage, testing and sale)
     – examine, test or take samples of anything found in the location
     – open a receptacle or package found in the location
     – examine a document and make a copy of it; take photographs
     – seize and detain an article
     – use local computers to examine documents
Offences, Fines and Penalties
•   Offences
    – it is an offence to contravene the Act, or any orders made or regulations
      under the Act

•   Fines and Penalties
    – up to $5-million and/or 2 years imprisonment for most offences
    – unlimited fines and/or up to 5 years imprisonment for certain offences or
      for knowingly or recklessly contravening the Act, any regulations or an
      inspector’s order
    – if company commits offence, its directors, officers and agents who
      directed, authorized, assented to, acquiesced or participated in offence
      could be a party to offence and convicted




    Administrative Monetary Penalties
• The Act creates an Administrative Monetary Penalty
  (AMP) scheme with a lower civil standard of proof for
  contraventions of recall or other orders
• Maximum $25,000 penalty per violation
• An alternative to criminal prosecution




            What the Future Holds
• In force June 20, 2011
• Regulations and guidelines to flesh out specifics and
  processes?
• Exemptions for certain activities?
• Will significantly alter the regulatory landscape for
  anyone that manufactures, imports, packages,
  advertises or sells consumer products in Canada where
  those products are not exempt from the legislation
Incident Reporting
                   under the CCPSA

                  Presented by: Alice Tseng




 Mandatory Reporting Requirement
• What is a reportable incident?
• When must it be reported?




              Definition of “Incident”
1. An occurrence in Canada or elsewhere that resulted or may reasonably
   have been expected to result in an individual’s death or in serious adverse
   effects on their health, including a serious injury

2. A defect or characteristic that may reasonably be expected to result in an
   individual’s death or in serious adverse effects on their health, including a
   serious injury

3. Incorrect or insufficient labelling information or instructions that may
   reasonably be expected to result in an individual’s death or in serious
   adverse effects on their health, including a serious injury, or

4. A recall or measure initiated for human health or safety reasons by:
    –   a foreign entity
    –   a provincial government
    –   a public body established under provincial legislation
    –   an aboriginal government
    –   an institution of any of the above
Reportable?
• Is the event “related” to a “consumer product” that you
  manufacture, import or sell in Canada?
• Does the event meet the definition of an “incident”?
• Does the event relate to the normal or foreseeable use
  or misuse of the product?




                     Timelines
• Two days
    – manufacturer, importer or seller
    – file incident report
• Ten days
    – manufacturer or importer
    – file written report




       Written Report (10 Days)
•   Shall contain information about:
    – the incident
    – the product involved in the incident
    – any products they manufacture or import that to their
      knowledge could be involved in a similar incident
    – any measures taken or proposed to be taken with
      respect to those products
Confidential Business Information
CCPSA permits disclosure under two circumstances:

1. disclosure is to a person/government carrying out functions relating
   to protecting human health or safety or the environment

2. disclosure is essential to address a serious and imminent danger to
   human health or safety or the environment




Confidential Business Information (cont’d)
• Access to Information Act still applies
• Test for keeping information confidential is
  different than under CCPSA




             Tips for Compliance
• Ensure processes are in place to ensure appropriate
  flow of information within organization about events
• Take the time to determine whether an incident is
  reportable, but be diligent in making this determination
• Timelines commence after an incident is determined to
  be reportable
• Consider designating a “Chief Product Safety Officer”
• When filing reports, mark as “confidential”, avoid
  submitting personal information and draft carefully (e.g.,
  include facts, not opinion)
Record-Keeping under the
               CCPSA

              Presented by: Laura Weinrib




General Record-Keeping Requirements
• Any person who manufacturers, imports, advertises,
  sells or tests a consumer product for commercial
  purposes must prepare and maintain certain documents
• Purpose is to improve the traceability of non-compliant
  products in the event a danger must be addressed
• A Health Canada inspector can request access to
  documents that are required to be maintained




    Record-Keeping Responsibilities
•   Retailer responsibilities
     – record name and address of person from whom consumer product was
       obtained
     – record location(s) where product was sold and the time period when it
       was sold
     – no requirement to keep documents of consumer transactions or
       personal information
•   Manufacturer, importer, advertiser, seller (other than retailer) and
    tester responsibilities
     – record name and address of any person from whom consumer product
       was obtained or to whom they sold, or both, as applicable
Time and Manner of Record-Keeping
• Records must be retained for six years after the end of
  the year to which they relate (unless a different time is
  specified by regulation)
• Relevant persons must keep records at their place of
  business in Canada
• Minister of Health may exempt a person from the
  requirement to keep records in Canada if minister
  considers the requirement unnecessary or impractical




                       Exemptions?
•   In fall 2010, Health Canada conducted a consultation on proposed
    exemption regulations, which would exempt the recipient of a
    consumer product where:
    1. the consumer product is donated (i.e., given for no consideration)
    2. the donation is from a person other than a manufacturer, importer,
       distributor or retailer
•   If an item is being donated by a manufacturer, importer, distributor
    or retailer, the exemption would not apply
•   More consultations planned for this year




            Additional Documentation
                  Requirements
• Many regulations are being transferred from the
  Hazardous Products Act to the CCPSA
   – some of these regulations have additional record-
     keeping requirements that will continue to apply
   – these requirements have their own timelines
Recalls under the CCPSA:
        What’s So New About
               Recalls?
     Presented by: Elizabeth McNaughton




      Recalls Pre-June 20, 2011
•   “Voluntary” recall
•   Mandatory recall for food
•   Mandatory reporting example
•   Why a mandatory recall power?




           Recalls as of June 20
• Mandatory recall order
    – danger to human health or safety
       • unreasonable hazard
       • hazard existing or potential
       • normal or foreseeable use of product
       • causing death or adverse effect on health including injury
       • acute or chronic adverse effect
       • short or long term
    – order to state reasons, time and manner of recall
    – order manufacturer, importer, vendor
    – HC can recall if you don’t and at your expense
Corrective Measures Order
• Who? Manufacturer, importer, advertiser or seller
• Why? Failure to comply with order to test; failure to
  recall; product subject to voluntary recall; contravention
  of the Act
• What? Stop manufacture, importation, etc.; “any
  measure” necessary for product to comply with Act or
  prevent danger to human health or safety
• What else? HC can take corrective measures at your
  expense




   Can an Order Be Reviewed?
• Request in writing
• Short time frame to request – max. 7 days
• Order remains in force unless review officer
  suspends
• Order – confirmed, amended, terminated or
  cancelled




                Recall Readiness
• Recall plan
   –   prepare plan - SOPs
   –   review and update
   –   recall team
   –   training
   –   conduct mock recall
• Ensure senior management support for program
• Review and update supply agreements
The Precautionary Principle
and Enforcement under the CCPSA

             Presented by: Sharon Wong




What Is the Precautionary Principle?
• Main concept:
  “When an activity raises threats of harm to
  human health or the environment, precautionary
  measures should be taken even if some cause
  and effect relationships are not fully established
  scientifically.” (The Wingspread Consensus Statement on the
  Precautionary Principle)




When Must Precautionary Measures
           Be Taken?
• Factors to be considered:
   – possibility, plausibility or probability
   – considering costs and benefits
   – Risk = Probability x Damage
Precautionary Principle Accepted as an
    Aid to Statutory Interpretation
 • Supreme Court decision in Spray-Tech v.
   Hudson (2001)
    – court had to interpret whether power to pass
      by-laws ‘to secure health and general welfare
      in the municipality’ gave Town the power to
      restrict pesticide use within the Town




     Spray-Tech v. Hudson (cont’d)
 • Court upheld Town’s right to pass the by-law, in
   part based on the Precautionary Principle – “the
   Town's concerns about pesticides fit well under
   their rubric of preventive action”
 • Precautionary Principle accepted as an aid to
   statutory interpretation




  Precautionary Principle Intended to
         Apply to the CCPSA
 • Preamble to the CCPSA:
   “Whereas the Parliament of Canada recognizes
   that a lack of full scientific certainty is not to be
   used as a reason for postponing measures that
   prevent adverse effects on human health if those
   effects could be serious or irreversible;”
Precautionary Principle Intended to
       Apply to the CCPSA (cont’d)
• Definition of “danger to human health or safety”
  includes any unreasonable hazard – existing or
  potential – posed by a consumer product as a
  result of its normal or foreseeable use that may
  reasonably be expected to have an adverse
  effect on an individual’s health




        How the Principle Could Be
          Applied Under CCPSA
1. A recall could be ordered if there is only a
   potential to cause harm even if there is no
   scientific certainty the harm will occur
•    A Recall Order can be reviewed by a Review
     Officer, who will decide based on his or her
     own assessment of the risk
•    The Recall Order continues in effect during the
     review unless the Review Officer decides
     otherwise – better safe than sorry




       How the Principle Could Be
      Applied Under CCPSA (cont’d)
• Possibility of judicial review by the Federal
  Court, but court would likely show great
  deference to Minister based on the
  Precautionary Principle, i.e., the Spray-Tech v.
  Hudson decision
How the Principle could be
      Applied under CCPSA (cont’d)
2) Criminal offence for a person to advertise or
   sell a consumer product that they know is a
   “danger to human health or safety”
  –   requirement for Crown to prove “knowledge” may be
      lessened; could be convicted if the accused knew
      there was a potential to cause harm




   What Does This Mean for You?
• By expressly including the Precautionary
  Principle, the CCPSA increases the pressure on
  industry to be alert for possible dangers and to
  voluntarily take precautionary measures, even if
  there is no certainty that the product will cause
  harm. By being proactive, industry can reduce
  the likelihood of government imposing a solution
  by regulation or recall.
CCPSA and Class Action Risk

          Presented by: Robin Linley




      Class Action Landscape
• Product liability claims seen as the
  “quintessential” case for class treatment
• Low threshold for certification
• Frequently follow a recall
• However, not all product liability cases will lend
  themselves to certification - Ernewein v. General
  Motors of Canada Ltd. [2005] B.C.C.A.




     Potential Class Action Drivers
          under the CCPSA
• New recall powers (CCPSA, s. 31)
• New mandatory reporting obligations
• Increased pressure to take corrective action
No Statutory Civil Cause of Action
• The Act does not create an independent civil
  cause of action for breach
• However, proof of breach of statute that has
  caused damage may be evidence of negligence
  (Saskatchewan Wheat Pool)
• Failure to comply with the Act is likely to be used
  by the plaintiffs’ bar as evidence of breach of the
  duty and standard of care




               Waiver of Tort
• Disgorgement remedy focused on the
  defendant’s gains as opposed to plaintiff’s loss
  (i.e., profits or net revenue)
• May exist as an independent cause of action
• Waiver of tort is said to offer the advantage that
  the plaintiff does not need to prove loss




         Waiver of Tort (cont’d)
• Is breach of statute sufficient to support an
  independent cause of action based in
  restitution?
Waiver of Tort (cont’d)
• “…[R]ecognition of an independent cause of
  action in waiver of tort would represent a sea-
  change in the realm of private law. The
  justiciability of such a cause of action would
  depend, in large measure, on the creation of
  entire categories of civil wrongdoing heretofore
  unknown to law.”




         Mitigation Strategies
• Review information-gathering processes
• Review internal communication processes
  – report handling
  – staff training
  – central point of contact
• Product tracking, registration and recall plans




   Mitigation Strategies (cont’d)
• Review of existing labels and product literature
  for compliance with the Act
• Distribution agreements – How have the risks
  and costs of a recall been allocated?
• Consider a progressive PR strategy
• ADR procedures
• Insurance
Tab 2
Laura Weinrib
                     Associate, Toronto Office

                     Blake, Cassels & Graydon LLP
                     Direct 416-863-2765
                     Facsimile 416-863-2653
                     laura.weinrib@blakes.com




Profile

Laura Weinrib is an Associate practising with the Intellectual Property Group. Her practice emphasizes
pharmaceutical, medical device, natural health product, food and consumer product law, and the
marketing and advertising of these products. Laura has advised clients on such matters as drug, medical
device, natural health product, consumer product and food labelling, and other regulatory issues arising
under Canadian legislation, including licensing and product safety issues. She has also provided advice
regarding clinical trial agreements, contract research organization agreements, promotional programs,
advertising, product claims, the purchase and sale of pharmacies, hospital supply agreements, and
consulting and advisory board agreements.

Laura also practises in the area of trade-mark prosecution and opposition.

Laura was recently seconded on a part-time time basis to the Canadian offices of a major pharmaceutical
company where she provided a broad range of legal services as in-house counsel. She has also spent
time working in the Firm's corporate practice, where she assisted with a full range of corporate matters.

Laura is a graduate of the Faculty of Law at the University of Toronto. Prior to law school, she received
her master of science from the Department of Medical Biophysics, division of experimental therapeutics,
at the University of Toronto. While completing her degree, she conducted research and published articles
in the field of gene therapy. Laura also received her bachelor of science from McGill University, where
she majored in microbiology and immunology.

Education

Registered Trade-Mark Agent, Canada - 2010
Admitted to the Ontario Bar - 2004
J.D., University of Toronto - 2003
M.Sc., University of Toronto - 2000
B.Sc., McGill University - 1998
Alice Tseng
                      Partner, Toronto Office

                      Blake, Cassels & Graydon LLP
                      Direct 416-863-3067
                      Facsimile 416-863-2653
                      alice.tseng@blakes.com




Profile

Alice Tseng is a Partner in the Intellectual Property Group. She graduated from the Faculty of Pharmacy
and the Faculty of Law at the University of Toronto and is a licensed pharmacist, lawyer and patent
agent.

Alice’s practice consists primarily of advising companies in the pharmaceutical, medical device and
natural health product industries. She advises these clients on a diverse range of matters, including
pricing and reimbursement (e.g., rebate and pricing restrictions, formulary listing agreements,
agreements with hospital buying groups); regulatory matters relating to safety (e.g., recalls, health
professional communications, public advisories) or licensing (e.g. of products or establishments); health-
care compliance (e.g., Rx&D, PAAB and MEDEC codes of conduct); advertising and marketing programs
and trade disputes; public relations activities (e.g., communications to the media); access to information
matters (e.g., submissions in response to access to information requests, access to information
litigation); the sale of drugs through Internet pharmacies; and the purchase and sale of pharmacies.

Alice is recognized as a highly recommended lawyer in the area of Life Sciences Regulatory by PLC Which
Lawyer? 2010.

Alice also advises clients in a variety of industries, especially the food industry, on advertising and
marketing issues generally.

Education

Admitted to Ontario Bar - 1998
LL.B., University of Toronto - 1996
B.Sc.Phm. (Pharmacy), University of Toronto - 1993
Elizabeth L. McNaughton
                     Partner, Toronto Office

                     Blake, Cassels & Graydon LLP
                     Direct 416-863-2556
                     Facsimile 416-863-2653
                     elizabeth.mcnaughton@blakes.com




Profile

Elizabeth McNaughton is a Partner in the Intellectual Property Group. She is involved in all aspects of
Canadian law affecting food, drug, cosmetic and medical device law; advertising and marketing,
including product claims and labelling; privacy; and trade practices. Elizabeth's practice emphasizes
assisting corporations involved in the marketing of goods and services to comply with Canadian legal
requirements. Elizabeth advises major multi-national organizations on compliance with Canadian privacy
requirements and has been involved in helping to structure major Canadian promotions of goods and
services.

Elizabeth is recognized in The Canadian Legal Lexpert Directory, The 2011 Lexpert/American Lawyer
Guide to the Leading 500 Lawyers in Canada, PLC Cross-border Life Sciences Handbook 2010 and Law
Business Research's The International Who's Who of Life Sciences Lawyers 2011. In The Best Lawyers in
Canada 2011, she was voted by peers as one of the leading advertising and marketing lawyers in
Canada. Elizabeth is also recognized in the life sciences-regulatory area as a highly recommended
individual, and Blakes as a highly recommended firm, in PLC Which Lawyer? 2010.

Elizabeth is a past chair of the Canadian Bar Association's Marketing Practices Committee and a past
member of the Editorial Advisory Board of the Food and Drug Law Journal.

Elizabeth has written extensively on a wide range of marketing and advertising law topics and has
spoken on such topics at seminars in Canada and the United States. Elizabeth is a member of Canadian
and United States professional organizations in the promotion law and intellectual property law areas and
has served on committees of such organizations.

Education

Registered Trade-Mark Agent, Canada - 1980
Admitted to the Ontario Bar - 1972
LL.B., University of Toronto - 1970
B.A. (Hon.), Queen's University - 1967
Sharon Wong
                      Partner, Toronto Office

                      Blake, Cassels & Graydon LLP
                      Direct 416-863-4178
                      Facsimile 416-863-2653
                      sharon.wong@blakes.com




Profile

Sharon Wong is a Partner practising commercial litigation and regulatory law with an emphasis on energy
regulation. She has represented a broad range of clients in respect of a variety of commercial disputes,
including product liability, breach of contract claims, construction claims, negligence and shareholder
matters. She has also acted in a number of administrative law and regulatory matters, principally before
the Ontario Energy Board (OEB).

In recent years, Sharon's list of clients has included EPCOR Utilities, Capital Power Corporation, Spectra
Energy/Union Gas, RBC Energy Services, Imperial Oil, UBS Energy Commodities, Cinergy Solutions,
TransAlta Energy, BP Canada Energy, Canadian Hydro Developers, Greater Toronto Airports Authority,
Canada Lands Corporation, Canadian Imperial Bank of Commerce, Royal Bank of Canada, and Nestlé
Canada.

Sharon was a part-time instructor for two years for the trial advocacy course at Osgoode Hall Law School
- York University, and has been an instructor on several occasions in the intensive trial advocacy
program for lawyers and at Osgoode Hall Law School professional development programs.

Sharon has appeared as trial and appellate counsel before all levels of courts in Ontario and before
various federal courts and tribunals. In addition to representing her clients' interests in court, Sharon
also works closely with her clients to develop practical and cost-effective solutions to their problems,
including through mediation and arbitration.

Representative Matters

      Representing Union Gas and Dawn Gateway Pipeline Limited Partnership at the OEB in regulatory
      proceedings related to the development of the Dawn Gateway Pipeline, in which the OEB granted a
      new form of complaints-based, lighthanded regulation, never before used in Ontario; also
      representing Union Gas in the Natural Gas Electricity Interface Review proceeding in which the
      OEB decided to refrain from regulating a large portion of Union's natural gas storage business, and
      also acting for Union in subsequent OEB proceedings relating to the allocation of natural gas
      storage capacity in Ontario

      Provided regulatory advice to EPCOR Utilities Inc. and Capital Power Corporation in respect to
      Capital Power's C$500-million initial public offering of its common shares. Capital Power was
      established by EPCOR Utilities Inc. to hold its power generation assets and to access additional
      capital necessary for its growth to become a leading North American independent power producer

      Canadian Renewable Energy Corporation (successfully obtained leave from the OEB in two
      proceedings for the construction of electricity transmission lines and also to expropriate land to
      build the transmission line)

      UBS Commodities Canada Ltd. v. Ontario Electricity Financial Corp. (successfully represented UBS
      in a C$4-million breach of contract claim against the Ontario Electricity Financial Corporation
relating to a contract to administer approximately 90 electricity power purchase contracts and to
manage the resale of that electricity into Ontario's electricity market)

Provided regulatory advice in respect of a competitive bid to acquire multiple hydroelectric
generating facilities in Ontario

Represented a major Canadian electricity trader in a dispute with Ontario's Independent Electricity
System Operator (IESO) over settlement credits

Represented a distributor of barbeque grills in respect of a safety recall, liaising with Health
Canada and advising on liability issues, and representing them in arbitration proceedings against
the overseas fabricator of the grills

City of Kingston v. Ontario Energy Board (acting for Union Gas in respect of a dispute relating to a
municipal franchise agreement to operate gas pipelines in the city of Kingston, initially before the
OEB, then on appeal to the Divisional Court and the Ontario Court of Appeal)

City of Sudbury v. Union Gas (acting for Union Gas in respect of the interpretation of municipal
franchise agreement, before the Ontario Superior Court and then on appeal to the Ontario Court of
Appeal)

Octagon Capital Corporation (securities regulation, disciplinary matter before Investment Dealers
Association)

V Limited v. Former Shareholders of RT (successfully recovered over C$2-million in a private
arbitration proceeding against former shareholders based on breach of representations and
warranties in a share purchase agreement)

Heritage Education Funds Inc. v. Canadian Property Holdings Inc. (interpretation of a lease
agreement before the Ontario Superior Court)

Stork Werkspoor Canada Limited v. Canadian Blower/Canada Pumps Limited, and others (product
liability case in respect of cooling coils installed on Canadian Naval Frigates)

Inco Limited v. Howden Group Canada Limited and Hatch Associates Ltd. (product liability case in
respect of equipment manufactured for Inco.)

Ahmadiyaa Abode of Peace v. Essroc Canada Inc., and others (construction litigation in respect of
an high-rise apartment building)

Innvest Real Estate Investment Trust v. J. Stuart Hall & Associates, Grant Morden, and others
(construction litigation relating to a hotel property in Ottawa)

Meade v. Caspian Investments Resources Ltd. (stock options, injunctions and breach of contract)


Tigney Technology Inc. v. Swedish Tobacco Co. (arbitration under the International Commercial
Arbitration Act, subsequently appealed to the Ontario Court of Appeal)

Apotex Inc. v. Plantex USA Inc. (breach of contract claim in the Ontario Superior Court)


Tecumseh Fuels v. Imperial Oil (breach of contract claim in the Ontario Superior Court)


1547107 Ontario Inc. v. Imperial Oil (breach of contract, injunctions)
Zander v. Imperial Oil (negligence claim with allegations relating to a defective mechanical door)


      Footitt v. Gleason (oppression remedy under the Ontario Business Corporations Act)


      Nestlé Canada Inc. v. Borgh Dairy (breach of contract under a distributors agreement)


Education

Admitted to the Ontario Bar - 1988
LL.B., University of Toronto - 1986
Robin Linley
                      Partner, Toronto Office

                      Blake, Cassels & Graydon LLP
                      Direct 416-863-3047
                      Facsimile 416-863-2653
                      robin.linley@blakes.com




Profile

Robin Linley is a litigation Partner. He has a broad commercial litigation practice that includes an
emphasis on product liability law, class actions and aboriginal law.

In the area of product liability law, Robin has acted for manufacturers in the defence of serious personal
injury cases involving allegations of failure to warn, negligent design, manufacture and testing of medical
devices, pharmaceutical products, as well as automotive and consumer goods. Robin also provides
proactive advice to manufacturers and others in the distributor chain on product warnings and recalls. He
is actively involved in the Firm's class action practice and is currently involved in the defence of a
number of high-profile class actions in this area.

Robin's commercial practice includes representing both plaintiffs and defendants in disputes involving a
wide variety of areas, including breach of restrictive covenants, breach of warranty, professional
negligence and breach of commercial contracts generally.

In the area of aboriginal law, Robin represents and advises both First Nations and non-First Nations
clients in cases related to the "duty to consult."

Robin speaks at conferences and writes regularly on topics germane to his areas of practice. He is a
member of the Canadian Bar Association, the Canadian Defence Lawyers Association and the Defence
Research Institute. He is a former member of the Adjunct Faculty at Osgoode Law School, where he
taught an upper-year course in contract remedies. A member of the Firm's Pro Bono Committee, Robin is
a firm believer in the positive benefits that pro bono work can generate for those involved in it.

Prior to joining Blakes, Robin received a B.C.L. degree from Oxford University in England, where he
studied law as a British Chevening Scholar.

Reported Cases

Boulanger v. Johnson & Johnson [2007] O.J. No. 179 (S.C.J.) (QL)

SimEx Inc. v. IMAX Corp., [2005] O.J. No. 817 (S.C.J.) (QL)

BNY Capital Corp. v. Katotakis, [2005] O.J. No. 813 (S.C.J.); aff'd O.J. No. 640 (C.A.) (QL)

Education

Admitted to the Ontario Bar - 2002
B.C.L., Oxford University - 2002
LL.B., Dalhousie University - 2000
B.A. (Hon.), Queen's University - 1996

Weitere ähnliche Inhalte

Andere mochten auch

Accessing Canadian Captial Markets: Mining and Oil & Gas Companies
Accessing Canadian Captial Markets: Mining and Oil & Gas CompaniesAccessing Canadian Captial Markets: Mining and Oil & Gas Companies
Accessing Canadian Captial Markets: Mining and Oil & Gas CompaniesBlake, Cassels & Graydon LLP
 
Blakes 20th Annual Overview: Environmental Law and Regulation in British Colu...
Blakes 20th Annual Overview: Environmental Law and Regulation in British Colu...Blakes 20th Annual Overview: Environmental Law and Regulation in British Colu...
Blakes 20th Annual Overview: Environmental Law and Regulation in British Colu...Blake, Cassels & Graydon LLP
 
Overview of the Permitting Requirements for LNG Projects in British Columbia
Overview of the Permitting Requirements for LNG Projects in British ColumbiaOverview of the Permitting Requirements for LNG Projects in British Columbia
Overview of the Permitting Requirements for LNG Projects in British ColumbiaBlake, Cassels & Graydon LLP
 
Managing Risks - Competition & Investment, November 8, 2001
Managing Risks - Competition & Investment, November 8, 2001Managing Risks - Competition & Investment, November 8, 2001
Managing Risks - Competition & Investment, November 8, 2001Blake, Cassels & Graydon LLP
 
Blakes 19th Annual Overview of Environmental Law and Regulation in British Co...
Blakes 19th Annual Overview of Environmental Law and Regulation in British Co...Blakes 19th Annual Overview of Environmental Law and Regulation in British Co...
Blakes 19th Annual Overview of Environmental Law and Regulation in British Co...Blake, Cassels & Graydon LLP
 
Update on Current Tax Issues and Trends, November 3, 2011
Update on Current Tax Issues and Trends, November 3, 2011Update on Current Tax Issues and Trends, November 3, 2011
Update on Current Tax Issues and Trends, November 3, 2011Blake, Cassels & Graydon LLP
 
Cross-Border Income Trust Seminar, November 17, 2011
Cross-Border Income Trust Seminar, November 17, 2011Cross-Border Income Trust Seminar, November 17, 2011
Cross-Border Income Trust Seminar, November 17, 2011Blake, Cassels & Graydon LLP
 
Développements récents en droit des technologies 8 novembre 2011
Développements récents en droit des technologies 8 novembre 2011Développements récents en droit des technologies 8 novembre 2011
Développements récents en droit des technologies 8 novembre 2011Blake, Cassels & Graydon LLP
 
Blakes Overview of Environmental Regulatory Regime Related to Alberta Oil San...
Blakes Overview of Environmental Regulatory Regime Related to Alberta Oil San...Blakes Overview of Environmental Regulatory Regime Related to Alberta Oil San...
Blakes Overview of Environmental Regulatory Regime Related to Alberta Oil San...Blake, Cassels & Graydon LLP
 
Dealing with Environmental Issues on the Construction Project, November 16, 2011
Dealing with Environmental Issues on the Construction Project, November 16, 2011Dealing with Environmental Issues on the Construction Project, November 16, 2011
Dealing with Environmental Issues on the Construction Project, November 16, 2011Blake, Cassels & Graydon LLP
 

Andere mochten auch (15)

Accessing Canadian Captial Markets: Mining and Oil & Gas Companies
Accessing Canadian Captial Markets: Mining and Oil & Gas CompaniesAccessing Canadian Captial Markets: Mining and Oil & Gas Companies
Accessing Canadian Captial Markets: Mining and Oil & Gas Companies
 
Blakes 20th Annual Overview: Environmental Law and Regulation in British Colu...
Blakes 20th Annual Overview: Environmental Law and Regulation in British Colu...Blakes 20th Annual Overview: Environmental Law and Regulation in British Colu...
Blakes 20th Annual Overview: Environmental Law and Regulation in British Colu...
 
Learn More About Canada's New Anti-Spam Law
Learn More About Canada's New Anti-Spam LawLearn More About Canada's New Anti-Spam Law
Learn More About Canada's New Anti-Spam Law
 
2013 Going Public on TSX and TSXV Canada
2013 Going Public on TSX and TSXV Canada2013 Going Public on TSX and TSXV Canada
2013 Going Public on TSX and TSXV Canada
 
Overview of the Permitting Requirements for LNG Projects in British Columbia
Overview of the Permitting Requirements for LNG Projects in British ColumbiaOverview of the Permitting Requirements for LNG Projects in British Columbia
Overview of the Permitting Requirements for LNG Projects in British Columbia
 
Managing Risks - Competition & Investment, November 8, 2001
Managing Risks - Competition & Investment, November 8, 2001Managing Risks - Competition & Investment, November 8, 2001
Managing Risks - Competition & Investment, November 8, 2001
 
Blakes 19th Annual Overview of Environmental Law and Regulation in British Co...
Blakes 19th Annual Overview of Environmental Law and Regulation in British Co...Blakes 19th Annual Overview of Environmental Law and Regulation in British Co...
Blakes 19th Annual Overview of Environmental Law and Regulation in British Co...
 
Update on Current Tax Issues and Trends, November 3, 2011
Update on Current Tax Issues and Trends, November 3, 2011Update on Current Tax Issues and Trends, November 3, 2011
Update on Current Tax Issues and Trends, November 3, 2011
 
Cross-Border Income Trust Seminar, November 17, 2011
Cross-Border Income Trust Seminar, November 17, 2011Cross-Border Income Trust Seminar, November 17, 2011
Cross-Border Income Trust Seminar, November 17, 2011
 
Going Public in Canada
Going Public in CanadaGoing Public in Canada
Going Public in Canada
 
Développements récents en droit des technologies 8 novembre 2011
Développements récents en droit des technologies 8 novembre 2011Développements récents en droit des technologies 8 novembre 2011
Développements récents en droit des technologies 8 novembre 2011
 
Blakes: Doing Business in China
Blakes: Doing Business in ChinaBlakes: Doing Business in China
Blakes: Doing Business in China
 
Blakes Overview of Environmental Regulatory Regime Related to Alberta Oil San...
Blakes Overview of Environmental Regulatory Regime Related to Alberta Oil San...Blakes Overview of Environmental Regulatory Regime Related to Alberta Oil San...
Blakes Overview of Environmental Regulatory Regime Related to Alberta Oil San...
 
Doing Business in Canada - English
Doing Business in Canada - EnglishDoing Business in Canada - English
Doing Business in Canada - English
 
Dealing with Environmental Issues on the Construction Project, November 16, 2011
Dealing with Environmental Issues on the Construction Project, November 16, 2011Dealing with Environmental Issues on the Construction Project, November 16, 2011
Dealing with Environmental Issues on the Construction Project, November 16, 2011
 

Ähnlich wie Consumer Product Safety Act, June 2011

The Canada Consumer Product Safety Act: 10 Things You Need to Know
The Canada Consumer Product Safety Act: 10 Things You Need to Know The Canada Consumer Product Safety Act: 10 Things You Need to Know
The Canada Consumer Product Safety Act: 10 Things You Need to Know Now Dentons
 
National Association Of Manufacturers
National Association Of ManufacturersNational Association Of Manufacturers
National Association Of ManufacturersDiane Jones
 
Consumer Protection Power Point Presentation
Consumer Protection Power Point PresentationConsumer Protection Power Point Presentation
Consumer Protection Power Point Presentationhmcdonal
 
What Businesses Need to Know About Product Safety in North America: Regulati...
What Businesses Need to Know About Product Safety in North America:  Regulati...What Businesses Need to Know About Product Safety in North America:  Regulati...
What Businesses Need to Know About Product Safety in North America: Regulati...U.S. Consumer Product Safety Commission
 
Presentation: Increasing post-market vigilance requirements for medical devices
Presentation: Increasing post-market vigilance requirements for medical devicesPresentation: Increasing post-market vigilance requirements for medical devices
Presentation: Increasing post-market vigilance requirements for medical devicesTGA Australia
 
Toy Safety in Canada and the United States : Regulatory Overview, Updates, an...
Toy Safety in Canada and the United States: Regulatory Overview, Updates, an...Toy Safety in Canada and the United States: Regulatory Overview, Updates, an...
Toy Safety in Canada and the United States : Regulatory Overview, Updates, an...U.S. Consumer Product Safety Commission
 
Toy Safety in Canada and the United States: Regulatory Overview, Updates, an...
Toy Safety in Canada and the United States:  Regulatory Overview, Updates, an...Toy Safety in Canada and the United States:  Regulatory Overview, Updates, an...
Toy Safety in Canada and the United States: Regulatory Overview, Updates, an...U.S. Consumer Product Safety Commission
 
2013 Compliance with Mandatory Reporting Requirements, Regulatory Violations,...
2013 Compliance with Mandatory Reporting Requirements, Regulatory Violations,...2013 Compliance with Mandatory Reporting Requirements, Regulatory Violations,...
2013 Compliance with Mandatory Reporting Requirements, Regulatory Violations,...U.S. Consumer Product Safety Commission
 
Health 10 consumer welfare and protection
Health 10 consumer welfare and protectionHealth 10 consumer welfare and protection
Health 10 consumer welfare and protectionKATHRYN RAYMUNDO
 
Devices Sponsor Information Day: 5 - Post-market - Recalls and non-recall act...
Devices Sponsor Information Day: 5 - Post-market - Recalls and non-recall act...Devices Sponsor Information Day: 5 - Post-market - Recalls and non-recall act...
Devices Sponsor Information Day: 5 - Post-market - Recalls and non-recall act...TGA Australia
 
Consumer Act of the Philippines R.A 7394
Consumer Act of the Philippines R.A 7394Consumer Act of the Philippines R.A 7394
Consumer Act of the Philippines R.A 7394Frenz Delgado
 
How The CPSC Identifies and Manages Risks Related to Consumer Products (English)
How The CPSC Identifies and Manages Risks Related to Consumer Products (English)How The CPSC Identifies and Manages Risks Related to Consumer Products (English)
How The CPSC Identifies and Manages Risks Related to Consumer Products (English)U.S. Consumer Product Safety Commission
 
Sponsor Information and Training day Session A4 - Medical Devices: Recall and...
Sponsor Information and Training day Session A4 - Medical Devices: Recall and...Sponsor Information and Training day Session A4 - Medical Devices: Recall and...
Sponsor Information and Training day Session A4 - Medical Devices: Recall and...TGA Australia
 
Recalls: The First Smoke of A Mass Tort -- Overview of a Recall of an FDA-Reg...
Recalls: The First Smoke of A Mass Tort -- Overview of a Recall of an FDA-Reg...Recalls: The First Smoke of A Mass Tort -- Overview of a Recall of an FDA-Reg...
Recalls: The First Smoke of A Mass Tort -- Overview of a Recall of an FDA-Reg...Michael Swit
 
Overview of FDA Regulation of Devices & Diagnostics
Overview of FDA Regulation of Devices & DiagnosticsOverview of FDA Regulation of Devices & Diagnostics
Overview of FDA Regulation of Devices & DiagnosticsMichael Swit
 
Eversheds Food and Drink - Horsemeat Scandal Presentation - 3rd October 2013
Eversheds Food and Drink - Horsemeat Scandal Presentation - 3rd October 2013Eversheds Food and Drink - Horsemeat Scandal Presentation - 3rd October 2013
Eversheds Food and Drink - Horsemeat Scandal Presentation - 3rd October 2013Eversheds Sutherland
 
Modesto Presentation
Modesto PresentationModesto Presentation
Modesto Presentationkmodza
 

Ähnlich wie Consumer Product Safety Act, June 2011 (20)

The Canada Consumer Product Safety Act: 10 Things You Need to Know
The Canada Consumer Product Safety Act: 10 Things You Need to Know The Canada Consumer Product Safety Act: 10 Things You Need to Know
The Canada Consumer Product Safety Act: 10 Things You Need to Know
 
National Association Of Manufacturers
National Association Of ManufacturersNational Association Of Manufacturers
National Association Of Manufacturers
 
Consumer Protection Power Point Presentation
Consumer Protection Power Point PresentationConsumer Protection Power Point Presentation
Consumer Protection Power Point Presentation
 
What Businesses Need to Know About Product Safety in North America: Regulati...
What Businesses Need to Know About Product Safety in North America:  Regulati...What Businesses Need to Know About Product Safety in North America:  Regulati...
What Businesses Need to Know About Product Safety in North America: Regulati...
 
2012 CPSC Safety Academy: International Panel
2012 CPSC Safety Academy: International Panel 2012 CPSC Safety Academy: International Panel
2012 CPSC Safety Academy: International Panel
 
Presentation: Increasing post-market vigilance requirements for medical devices
Presentation: Increasing post-market vigilance requirements for medical devicesPresentation: Increasing post-market vigilance requirements for medical devices
Presentation: Increasing post-market vigilance requirements for medical devices
 
Toy Safety in Canada and the United States : Regulatory Overview, Updates, an...
Toy Safety in Canada and the United States: Regulatory Overview, Updates, an...Toy Safety in Canada and the United States: Regulatory Overview, Updates, an...
Toy Safety in Canada and the United States : Regulatory Overview, Updates, an...
 
Toy Safety in Canada and the United States: Regulatory Overview, Updates, an...
Toy Safety in Canada and the United States:  Regulatory Overview, Updates, an...Toy Safety in Canada and the United States:  Regulatory Overview, Updates, an...
Toy Safety in Canada and the United States: Regulatory Overview, Updates, an...
 
2013 Compliance with Mandatory Reporting Requirements, Regulatory Violations,...
2013 Compliance with Mandatory Reporting Requirements, Regulatory Violations,...2013 Compliance with Mandatory Reporting Requirements, Regulatory Violations,...
2013 Compliance with Mandatory Reporting Requirements, Regulatory Violations,...
 
US FDA Food Safety Modernization Act-Future Impact on Asia
US FDA Food Safety Modernization Act-Future Impact on AsiaUS FDA Food Safety Modernization Act-Future Impact on Asia
US FDA Food Safety Modernization Act-Future Impact on Asia
 
Health 10 consumer welfare and protection
Health 10 consumer welfare and protectionHealth 10 consumer welfare and protection
Health 10 consumer welfare and protection
 
Devices Sponsor Information Day: 5 - Post-market - Recalls and non-recall act...
Devices Sponsor Information Day: 5 - Post-market - Recalls and non-recall act...Devices Sponsor Information Day: 5 - Post-market - Recalls and non-recall act...
Devices Sponsor Information Day: 5 - Post-market - Recalls and non-recall act...
 
Consumer Act of the Philippines R.A 7394
Consumer Act of the Philippines R.A 7394Consumer Act of the Philippines R.A 7394
Consumer Act of the Philippines R.A 7394
 
How The CPSC Identifies and Manages Risks Related to Consumer Products (English)
How The CPSC Identifies and Manages Risks Related to Consumer Products (English)How The CPSC Identifies and Manages Risks Related to Consumer Products (English)
How The CPSC Identifies and Manages Risks Related to Consumer Products (English)
 
Sponsor Information and Training day Session A4 - Medical Devices: Recall and...
Sponsor Information and Training day Session A4 - Medical Devices: Recall and...Sponsor Information and Training day Session A4 - Medical Devices: Recall and...
Sponsor Information and Training day Session A4 - Medical Devices: Recall and...
 
Consumer Protection
Consumer ProtectionConsumer Protection
Consumer Protection
 
Recalls: The First Smoke of A Mass Tort -- Overview of a Recall of an FDA-Reg...
Recalls: The First Smoke of A Mass Tort -- Overview of a Recall of an FDA-Reg...Recalls: The First Smoke of A Mass Tort -- Overview of a Recall of an FDA-Reg...
Recalls: The First Smoke of A Mass Tort -- Overview of a Recall of an FDA-Reg...
 
Overview of FDA Regulation of Devices & Diagnostics
Overview of FDA Regulation of Devices & DiagnosticsOverview of FDA Regulation of Devices & Diagnostics
Overview of FDA Regulation of Devices & Diagnostics
 
Eversheds Food and Drink - Horsemeat Scandal Presentation - 3rd October 2013
Eversheds Food and Drink - Horsemeat Scandal Presentation - 3rd October 2013Eversheds Food and Drink - Horsemeat Scandal Presentation - 3rd October 2013
Eversheds Food and Drink - Horsemeat Scandal Presentation - 3rd October 2013
 
Modesto Presentation
Modesto PresentationModesto Presentation
Modesto Presentation
 

Kürzlich hochgeladen

Plano de marketing- inglês em formato ppt
Plano de marketing- inglês  em formato pptPlano de marketing- inglês  em formato ppt
Plano de marketing- inglês em formato pptElizangelaSoaresdaCo
 
Ethical stalking by Mark Williams. UpliftLive 2024
Ethical stalking by Mark Williams. UpliftLive 2024Ethical stalking by Mark Williams. UpliftLive 2024
Ethical stalking by Mark Williams. UpliftLive 2024Winbusinessin
 
Introduction to The overview of GAAP LO 1-5.pptx
Introduction to The overview of GAAP LO 1-5.pptxIntroduction to The overview of GAAP LO 1-5.pptx
Introduction to The overview of GAAP LO 1-5.pptxJemalSeid25
 
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfTalent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfCharles Cotter, PhD
 
UNLEASHING THE POWER OF PROGRAMMATIC ADVERTISING
UNLEASHING THE POWER OF PROGRAMMATIC ADVERTISINGUNLEASHING THE POWER OF PROGRAMMATIC ADVERTISING
UNLEASHING THE POWER OF PROGRAMMATIC ADVERTISINGlokeshwarmaha
 
Mihir Menda - Member of Supervisory Board at RMZ
Mihir Menda - Member of Supervisory Board at RMZMihir Menda - Member of Supervisory Board at RMZ
Mihir Menda - Member of Supervisory Board at RMZKanakChauhan5
 
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...Brian Solis
 
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessQ2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessAPCO
 
Team B Mind Map for Organizational Chg..
Team B Mind Map for Organizational Chg..Team B Mind Map for Organizational Chg..
Team B Mind Map for Organizational Chg..dlewis191
 
Slicing Work on Business Agility Meetup Berlin
Slicing Work on Business Agility Meetup BerlinSlicing Work on Business Agility Meetup Berlin
Slicing Work on Business Agility Meetup BerlinAnton Skornyakov
 
Lecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toLecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toumarfarooquejamali32
 
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdfChicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdfSourav Sikder
 
MoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor PresentationMoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor Presentationbaron83
 
PDT 88 - 4 million seed - Seed - Protecto.pdf
PDT 88 - 4 million seed - Seed - Protecto.pdfPDT 88 - 4 million seed - Seed - Protecto.pdf
PDT 88 - 4 million seed - Seed - Protecto.pdfHajeJanKamps
 
Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access
 
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptxHELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptxHelene Heckrotte
 
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...IMARC Group
 
IIBA® Melbourne - Navigating Business Analysis - Excellence for Career Growth...
IIBA® Melbourne - Navigating Business Analysis - Excellence for Career Growth...IIBA® Melbourne - Navigating Business Analysis - Excellence for Career Growth...
IIBA® Melbourne - Navigating Business Analysis - Excellence for Career Growth...AustraliaChapterIIBA
 
Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access
 

Kürzlich hochgeladen (20)

Plano de marketing- inglês em formato ppt
Plano de marketing- inglês  em formato pptPlano de marketing- inglês  em formato ppt
Plano de marketing- inglês em formato ppt
 
WAM Corporate Presentation Mar 25 2024.pdf
WAM Corporate Presentation Mar 25 2024.pdfWAM Corporate Presentation Mar 25 2024.pdf
WAM Corporate Presentation Mar 25 2024.pdf
 
Ethical stalking by Mark Williams. UpliftLive 2024
Ethical stalking by Mark Williams. UpliftLive 2024Ethical stalking by Mark Williams. UpliftLive 2024
Ethical stalking by Mark Williams. UpliftLive 2024
 
Introduction to The overview of GAAP LO 1-5.pptx
Introduction to The overview of GAAP LO 1-5.pptxIntroduction to The overview of GAAP LO 1-5.pptx
Introduction to The overview of GAAP LO 1-5.pptx
 
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfTalent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
 
UNLEASHING THE POWER OF PROGRAMMATIC ADVERTISING
UNLEASHING THE POWER OF PROGRAMMATIC ADVERTISINGUNLEASHING THE POWER OF PROGRAMMATIC ADVERTISING
UNLEASHING THE POWER OF PROGRAMMATIC ADVERTISING
 
Mihir Menda - Member of Supervisory Board at RMZ
Mihir Menda - Member of Supervisory Board at RMZMihir Menda - Member of Supervisory Board at RMZ
Mihir Menda - Member of Supervisory Board at RMZ
 
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
 
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessQ2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
 
Team B Mind Map for Organizational Chg..
Team B Mind Map for Organizational Chg..Team B Mind Map for Organizational Chg..
Team B Mind Map for Organizational Chg..
 
Slicing Work on Business Agility Meetup Berlin
Slicing Work on Business Agility Meetup BerlinSlicing Work on Business Agility Meetup Berlin
Slicing Work on Business Agility Meetup Berlin
 
Lecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toLecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb to
 
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdfChicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
 
MoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor PresentationMoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor Presentation
 
PDT 88 - 4 million seed - Seed - Protecto.pdf
PDT 88 - 4 million seed - Seed - Protecto.pdfPDT 88 - 4 million seed - Seed - Protecto.pdf
PDT 88 - 4 million seed - Seed - Protecto.pdf
 
Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024
 
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptxHELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
 
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
 
IIBA® Melbourne - Navigating Business Analysis - Excellence for Career Growth...
IIBA® Melbourne - Navigating Business Analysis - Excellence for Career Growth...IIBA® Melbourne - Navigating Business Analysis - Excellence for Career Growth...
IIBA® Melbourne - Navigating Business Analysis - Excellence for Career Growth...
 
Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024
 

Consumer Product Safety Act, June 2011

  • 1. Implications of the New Canada Consumer Product Safety Act Wednesday, June 8, 2011 MONTRÉAL OTTAWA TORONTO CALGARY VANCOUVER NEW YORK CHICAGO LONDON BAHRAIN AL-KHOBAR* BEIJING SHANGHAI* blakes.com *Associated Office Blake,Cassels & Graydon LLP
  • 2. Seminar Index Implications of the New Canada Consumer Product Safety Act Wednesday, June 8th, 2011 TAB Presentation Slides ...................................................... 1 • Overview: Canada Consumer Product Safety Act Laura Weinrib • Incident Reporting under the CCPSA Alice Tseng • Record Keeping under the CCPSA Laura Weinrib • Recalls under the CCPSA: What’s So New About Recalls? Elizabeth McNaughton • The Precautionary Principle and Enforcement under the Sharon Wong CCPSA • CCPSA and Class Action Risk Robin Linley Speaker Profiles ........................................................... 2
  • 4. Implications of the New Canada Consumer Product Safety Act June 8, 2011
  • 5. Overview: Canada Consumer Product Safety Act Presented by: Laura Weinrib Application • Applies to “consumer products” – applies to products, including components, parts or accessories and packaging, that can be reasonably obtained by an individual for non-commercial purposes (specifically includes domestic, recreation and sports purposes) • Exclusions – excludes products currently regulated under certain specific legislation (e.g., food, drugs, natural health products, medical devices, cosmetics, pest control products, most vehicles, plants, controlled substances) Prohibitions • Prohibition against the manufacture, importation, advertisement or sale of consumer products that pose a “danger to human health or safety” – “danger to human health or safety” is defined as “any unreasonable hazard – existing or potential – that is posed by a consumer product during or as a result of its normal or foreseeable use and that may reasonably be expected to cause the death ... or have an adverse effect on that individual’s health – including an injury... .” • Prohibits packaging, labelling or advertising that is false, misleading or deceptive, as it relates to health and safety
  • 6. Record-Keeping and Testing • Record-Keeping – document preparation and maintenance requirements for all who manufacture, import, advertise, sell or test consumer products for commercial purposes, to facilitate product tracing • Testing – government can order commercial manufacturers and importers to conduct consumer product safety tests/compile information and provide the results Incident Reporting and Recalls • Incident Reporting – requires manufacturers, importers and sellers to report within 2 days when they have knowledge of an “incident” – “incident” defined to include a defect, recall, erroneous/insufficient label information or occurrence that results or could result in serious injury or death • Mandatory Recalls – Minister of Health given power to order mandatory recalls or other corrective measures where the inspector reasonably believes the product poses a danger to human health or safety Inspection Powers • Broad inspection powers under the Act for purpose of verifying compliance and preventing non-compliance • Health Canada inspectors may: – enter a location in which they have reasonable grounds to believe that activities related to consumer products take place (e.g. manufacturing, importation, advertisement, packaging, storage, testing and sale) – examine, test or take samples of anything found in the location – open a receptacle or package found in the location – examine a document and make a copy of it; take photographs – seize and detain an article – use local computers to examine documents
  • 7. Offences, Fines and Penalties • Offences – it is an offence to contravene the Act, or any orders made or regulations under the Act • Fines and Penalties – up to $5-million and/or 2 years imprisonment for most offences – unlimited fines and/or up to 5 years imprisonment for certain offences or for knowingly or recklessly contravening the Act, any regulations or an inspector’s order – if company commits offence, its directors, officers and agents who directed, authorized, assented to, acquiesced or participated in offence could be a party to offence and convicted Administrative Monetary Penalties • The Act creates an Administrative Monetary Penalty (AMP) scheme with a lower civil standard of proof for contraventions of recall or other orders • Maximum $25,000 penalty per violation • An alternative to criminal prosecution What the Future Holds • In force June 20, 2011 • Regulations and guidelines to flesh out specifics and processes? • Exemptions for certain activities? • Will significantly alter the regulatory landscape for anyone that manufactures, imports, packages, advertises or sells consumer products in Canada where those products are not exempt from the legislation
  • 8. Incident Reporting under the CCPSA Presented by: Alice Tseng Mandatory Reporting Requirement • What is a reportable incident? • When must it be reported? Definition of “Incident” 1. An occurrence in Canada or elsewhere that resulted or may reasonably have been expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury 2. A defect or characteristic that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury 3. Incorrect or insufficient labelling information or instructions that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury, or 4. A recall or measure initiated for human health or safety reasons by: – a foreign entity – a provincial government – a public body established under provincial legislation – an aboriginal government – an institution of any of the above
  • 9. Reportable? • Is the event “related” to a “consumer product” that you manufacture, import or sell in Canada? • Does the event meet the definition of an “incident”? • Does the event relate to the normal or foreseeable use or misuse of the product? Timelines • Two days – manufacturer, importer or seller – file incident report • Ten days – manufacturer or importer – file written report Written Report (10 Days) • Shall contain information about: – the incident – the product involved in the incident – any products they manufacture or import that to their knowledge could be involved in a similar incident – any measures taken or proposed to be taken with respect to those products
  • 10. Confidential Business Information CCPSA permits disclosure under two circumstances: 1. disclosure is to a person/government carrying out functions relating to protecting human health or safety or the environment 2. disclosure is essential to address a serious and imminent danger to human health or safety or the environment Confidential Business Information (cont’d) • Access to Information Act still applies • Test for keeping information confidential is different than under CCPSA Tips for Compliance • Ensure processes are in place to ensure appropriate flow of information within organization about events • Take the time to determine whether an incident is reportable, but be diligent in making this determination • Timelines commence after an incident is determined to be reportable • Consider designating a “Chief Product Safety Officer” • When filing reports, mark as “confidential”, avoid submitting personal information and draft carefully (e.g., include facts, not opinion)
  • 11. Record-Keeping under the CCPSA Presented by: Laura Weinrib General Record-Keeping Requirements • Any person who manufacturers, imports, advertises, sells or tests a consumer product for commercial purposes must prepare and maintain certain documents • Purpose is to improve the traceability of non-compliant products in the event a danger must be addressed • A Health Canada inspector can request access to documents that are required to be maintained Record-Keeping Responsibilities • Retailer responsibilities – record name and address of person from whom consumer product was obtained – record location(s) where product was sold and the time period when it was sold – no requirement to keep documents of consumer transactions or personal information • Manufacturer, importer, advertiser, seller (other than retailer) and tester responsibilities – record name and address of any person from whom consumer product was obtained or to whom they sold, or both, as applicable
  • 12. Time and Manner of Record-Keeping • Records must be retained for six years after the end of the year to which they relate (unless a different time is specified by regulation) • Relevant persons must keep records at their place of business in Canada • Minister of Health may exempt a person from the requirement to keep records in Canada if minister considers the requirement unnecessary or impractical Exemptions? • In fall 2010, Health Canada conducted a consultation on proposed exemption regulations, which would exempt the recipient of a consumer product where: 1. the consumer product is donated (i.e., given for no consideration) 2. the donation is from a person other than a manufacturer, importer, distributor or retailer • If an item is being donated by a manufacturer, importer, distributor or retailer, the exemption would not apply • More consultations planned for this year Additional Documentation Requirements • Many regulations are being transferred from the Hazardous Products Act to the CCPSA – some of these regulations have additional record- keeping requirements that will continue to apply – these requirements have their own timelines
  • 13. Recalls under the CCPSA: What’s So New About Recalls? Presented by: Elizabeth McNaughton Recalls Pre-June 20, 2011 • “Voluntary” recall • Mandatory recall for food • Mandatory reporting example • Why a mandatory recall power? Recalls as of June 20 • Mandatory recall order – danger to human health or safety • unreasonable hazard • hazard existing or potential • normal or foreseeable use of product • causing death or adverse effect on health including injury • acute or chronic adverse effect • short or long term – order to state reasons, time and manner of recall – order manufacturer, importer, vendor – HC can recall if you don’t and at your expense
  • 14. Corrective Measures Order • Who? Manufacturer, importer, advertiser or seller • Why? Failure to comply with order to test; failure to recall; product subject to voluntary recall; contravention of the Act • What? Stop manufacture, importation, etc.; “any measure” necessary for product to comply with Act or prevent danger to human health or safety • What else? HC can take corrective measures at your expense Can an Order Be Reviewed? • Request in writing • Short time frame to request – max. 7 days • Order remains in force unless review officer suspends • Order – confirmed, amended, terminated or cancelled Recall Readiness • Recall plan – prepare plan - SOPs – review and update – recall team – training – conduct mock recall • Ensure senior management support for program • Review and update supply agreements
  • 15. The Precautionary Principle and Enforcement under the CCPSA Presented by: Sharon Wong What Is the Precautionary Principle? • Main concept: “When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.” (The Wingspread Consensus Statement on the Precautionary Principle) When Must Precautionary Measures Be Taken? • Factors to be considered: – possibility, plausibility or probability – considering costs and benefits – Risk = Probability x Damage
  • 16. Precautionary Principle Accepted as an Aid to Statutory Interpretation • Supreme Court decision in Spray-Tech v. Hudson (2001) – court had to interpret whether power to pass by-laws ‘to secure health and general welfare in the municipality’ gave Town the power to restrict pesticide use within the Town Spray-Tech v. Hudson (cont’d) • Court upheld Town’s right to pass the by-law, in part based on the Precautionary Principle – “the Town's concerns about pesticides fit well under their rubric of preventive action” • Precautionary Principle accepted as an aid to statutory interpretation Precautionary Principle Intended to Apply to the CCPSA • Preamble to the CCPSA: “Whereas the Parliament of Canada recognizes that a lack of full scientific certainty is not to be used as a reason for postponing measures that prevent adverse effects on human health if those effects could be serious or irreversible;”
  • 17. Precautionary Principle Intended to Apply to the CCPSA (cont’d) • Definition of “danger to human health or safety” includes any unreasonable hazard – existing or potential – posed by a consumer product as a result of its normal or foreseeable use that may reasonably be expected to have an adverse effect on an individual’s health How the Principle Could Be Applied Under CCPSA 1. A recall could be ordered if there is only a potential to cause harm even if there is no scientific certainty the harm will occur • A Recall Order can be reviewed by a Review Officer, who will decide based on his or her own assessment of the risk • The Recall Order continues in effect during the review unless the Review Officer decides otherwise – better safe than sorry How the Principle Could Be Applied Under CCPSA (cont’d) • Possibility of judicial review by the Federal Court, but court would likely show great deference to Minister based on the Precautionary Principle, i.e., the Spray-Tech v. Hudson decision
  • 18. How the Principle could be Applied under CCPSA (cont’d) 2) Criminal offence for a person to advertise or sell a consumer product that they know is a “danger to human health or safety” – requirement for Crown to prove “knowledge” may be lessened; could be convicted if the accused knew there was a potential to cause harm What Does This Mean for You? • By expressly including the Precautionary Principle, the CCPSA increases the pressure on industry to be alert for possible dangers and to voluntarily take precautionary measures, even if there is no certainty that the product will cause harm. By being proactive, industry can reduce the likelihood of government imposing a solution by regulation or recall.
  • 19. CCPSA and Class Action Risk Presented by: Robin Linley Class Action Landscape • Product liability claims seen as the “quintessential” case for class treatment • Low threshold for certification • Frequently follow a recall • However, not all product liability cases will lend themselves to certification - Ernewein v. General Motors of Canada Ltd. [2005] B.C.C.A. Potential Class Action Drivers under the CCPSA • New recall powers (CCPSA, s. 31) • New mandatory reporting obligations • Increased pressure to take corrective action
  • 20. No Statutory Civil Cause of Action • The Act does not create an independent civil cause of action for breach • However, proof of breach of statute that has caused damage may be evidence of negligence (Saskatchewan Wheat Pool) • Failure to comply with the Act is likely to be used by the plaintiffs’ bar as evidence of breach of the duty and standard of care Waiver of Tort • Disgorgement remedy focused on the defendant’s gains as opposed to plaintiff’s loss (i.e., profits or net revenue) • May exist as an independent cause of action • Waiver of tort is said to offer the advantage that the plaintiff does not need to prove loss Waiver of Tort (cont’d) • Is breach of statute sufficient to support an independent cause of action based in restitution?
  • 21. Waiver of Tort (cont’d) • “…[R]ecognition of an independent cause of action in waiver of tort would represent a sea- change in the realm of private law. The justiciability of such a cause of action would depend, in large measure, on the creation of entire categories of civil wrongdoing heretofore unknown to law.” Mitigation Strategies • Review information-gathering processes • Review internal communication processes – report handling – staff training – central point of contact • Product tracking, registration and recall plans Mitigation Strategies (cont’d) • Review of existing labels and product literature for compliance with the Act • Distribution agreements – How have the risks and costs of a recall been allocated? • Consider a progressive PR strategy • ADR procedures • Insurance
  • 22. Tab 2
  • 23. Laura Weinrib Associate, Toronto Office Blake, Cassels & Graydon LLP Direct 416-863-2765 Facsimile 416-863-2653 laura.weinrib@blakes.com Profile Laura Weinrib is an Associate practising with the Intellectual Property Group. Her practice emphasizes pharmaceutical, medical device, natural health product, food and consumer product law, and the marketing and advertising of these products. Laura has advised clients on such matters as drug, medical device, natural health product, consumer product and food labelling, and other regulatory issues arising under Canadian legislation, including licensing and product safety issues. She has also provided advice regarding clinical trial agreements, contract research organization agreements, promotional programs, advertising, product claims, the purchase and sale of pharmacies, hospital supply agreements, and consulting and advisory board agreements. Laura also practises in the area of trade-mark prosecution and opposition. Laura was recently seconded on a part-time time basis to the Canadian offices of a major pharmaceutical company where she provided a broad range of legal services as in-house counsel. She has also spent time working in the Firm's corporate practice, where she assisted with a full range of corporate matters. Laura is a graduate of the Faculty of Law at the University of Toronto. Prior to law school, she received her master of science from the Department of Medical Biophysics, division of experimental therapeutics, at the University of Toronto. While completing her degree, she conducted research and published articles in the field of gene therapy. Laura also received her bachelor of science from McGill University, where she majored in microbiology and immunology. Education Registered Trade-Mark Agent, Canada - 2010 Admitted to the Ontario Bar - 2004 J.D., University of Toronto - 2003 M.Sc., University of Toronto - 2000 B.Sc., McGill University - 1998
  • 24. Alice Tseng Partner, Toronto Office Blake, Cassels & Graydon LLP Direct 416-863-3067 Facsimile 416-863-2653 alice.tseng@blakes.com Profile Alice Tseng is a Partner in the Intellectual Property Group. She graduated from the Faculty of Pharmacy and the Faculty of Law at the University of Toronto and is a licensed pharmacist, lawyer and patent agent. Alice’s practice consists primarily of advising companies in the pharmaceutical, medical device and natural health product industries. She advises these clients on a diverse range of matters, including pricing and reimbursement (e.g., rebate and pricing restrictions, formulary listing agreements, agreements with hospital buying groups); regulatory matters relating to safety (e.g., recalls, health professional communications, public advisories) or licensing (e.g. of products or establishments); health- care compliance (e.g., Rx&D, PAAB and MEDEC codes of conduct); advertising and marketing programs and trade disputes; public relations activities (e.g., communications to the media); access to information matters (e.g., submissions in response to access to information requests, access to information litigation); the sale of drugs through Internet pharmacies; and the purchase and sale of pharmacies. Alice is recognized as a highly recommended lawyer in the area of Life Sciences Regulatory by PLC Which Lawyer? 2010. Alice also advises clients in a variety of industries, especially the food industry, on advertising and marketing issues generally. Education Admitted to Ontario Bar - 1998 LL.B., University of Toronto - 1996 B.Sc.Phm. (Pharmacy), University of Toronto - 1993
  • 25. Elizabeth L. McNaughton Partner, Toronto Office Blake, Cassels & Graydon LLP Direct 416-863-2556 Facsimile 416-863-2653 elizabeth.mcnaughton@blakes.com Profile Elizabeth McNaughton is a Partner in the Intellectual Property Group. She is involved in all aspects of Canadian law affecting food, drug, cosmetic and medical device law; advertising and marketing, including product claims and labelling; privacy; and trade practices. Elizabeth's practice emphasizes assisting corporations involved in the marketing of goods and services to comply with Canadian legal requirements. Elizabeth advises major multi-national organizations on compliance with Canadian privacy requirements and has been involved in helping to structure major Canadian promotions of goods and services. Elizabeth is recognized in The Canadian Legal Lexpert Directory, The 2011 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, PLC Cross-border Life Sciences Handbook 2010 and Law Business Research's The International Who's Who of Life Sciences Lawyers 2011. In The Best Lawyers in Canada 2011, she was voted by peers as one of the leading advertising and marketing lawyers in Canada. Elizabeth is also recognized in the life sciences-regulatory area as a highly recommended individual, and Blakes as a highly recommended firm, in PLC Which Lawyer? 2010. Elizabeth is a past chair of the Canadian Bar Association's Marketing Practices Committee and a past member of the Editorial Advisory Board of the Food and Drug Law Journal. Elizabeth has written extensively on a wide range of marketing and advertising law topics and has spoken on such topics at seminars in Canada and the United States. Elizabeth is a member of Canadian and United States professional organizations in the promotion law and intellectual property law areas and has served on committees of such organizations. Education Registered Trade-Mark Agent, Canada - 1980 Admitted to the Ontario Bar - 1972 LL.B., University of Toronto - 1970 B.A. (Hon.), Queen's University - 1967
  • 26. Sharon Wong Partner, Toronto Office Blake, Cassels & Graydon LLP Direct 416-863-4178 Facsimile 416-863-2653 sharon.wong@blakes.com Profile Sharon Wong is a Partner practising commercial litigation and regulatory law with an emphasis on energy regulation. She has represented a broad range of clients in respect of a variety of commercial disputes, including product liability, breach of contract claims, construction claims, negligence and shareholder matters. She has also acted in a number of administrative law and regulatory matters, principally before the Ontario Energy Board (OEB). In recent years, Sharon's list of clients has included EPCOR Utilities, Capital Power Corporation, Spectra Energy/Union Gas, RBC Energy Services, Imperial Oil, UBS Energy Commodities, Cinergy Solutions, TransAlta Energy, BP Canada Energy, Canadian Hydro Developers, Greater Toronto Airports Authority, Canada Lands Corporation, Canadian Imperial Bank of Commerce, Royal Bank of Canada, and Nestlé Canada. Sharon was a part-time instructor for two years for the trial advocacy course at Osgoode Hall Law School - York University, and has been an instructor on several occasions in the intensive trial advocacy program for lawyers and at Osgoode Hall Law School professional development programs. Sharon has appeared as trial and appellate counsel before all levels of courts in Ontario and before various federal courts and tribunals. In addition to representing her clients' interests in court, Sharon also works closely with her clients to develop practical and cost-effective solutions to their problems, including through mediation and arbitration. Representative Matters Representing Union Gas and Dawn Gateway Pipeline Limited Partnership at the OEB in regulatory proceedings related to the development of the Dawn Gateway Pipeline, in which the OEB granted a new form of complaints-based, lighthanded regulation, never before used in Ontario; also representing Union Gas in the Natural Gas Electricity Interface Review proceeding in which the OEB decided to refrain from regulating a large portion of Union's natural gas storage business, and also acting for Union in subsequent OEB proceedings relating to the allocation of natural gas storage capacity in Ontario Provided regulatory advice to EPCOR Utilities Inc. and Capital Power Corporation in respect to Capital Power's C$500-million initial public offering of its common shares. Capital Power was established by EPCOR Utilities Inc. to hold its power generation assets and to access additional capital necessary for its growth to become a leading North American independent power producer Canadian Renewable Energy Corporation (successfully obtained leave from the OEB in two proceedings for the construction of electricity transmission lines and also to expropriate land to build the transmission line) UBS Commodities Canada Ltd. v. Ontario Electricity Financial Corp. (successfully represented UBS in a C$4-million breach of contract claim against the Ontario Electricity Financial Corporation
  • 27. relating to a contract to administer approximately 90 electricity power purchase contracts and to manage the resale of that electricity into Ontario's electricity market) Provided regulatory advice in respect of a competitive bid to acquire multiple hydroelectric generating facilities in Ontario Represented a major Canadian electricity trader in a dispute with Ontario's Independent Electricity System Operator (IESO) over settlement credits Represented a distributor of barbeque grills in respect of a safety recall, liaising with Health Canada and advising on liability issues, and representing them in arbitration proceedings against the overseas fabricator of the grills City of Kingston v. Ontario Energy Board (acting for Union Gas in respect of a dispute relating to a municipal franchise agreement to operate gas pipelines in the city of Kingston, initially before the OEB, then on appeal to the Divisional Court and the Ontario Court of Appeal) City of Sudbury v. Union Gas (acting for Union Gas in respect of the interpretation of municipal franchise agreement, before the Ontario Superior Court and then on appeal to the Ontario Court of Appeal) Octagon Capital Corporation (securities regulation, disciplinary matter before Investment Dealers Association) V Limited v. Former Shareholders of RT (successfully recovered over C$2-million in a private arbitration proceeding against former shareholders based on breach of representations and warranties in a share purchase agreement) Heritage Education Funds Inc. v. Canadian Property Holdings Inc. (interpretation of a lease agreement before the Ontario Superior Court) Stork Werkspoor Canada Limited v. Canadian Blower/Canada Pumps Limited, and others (product liability case in respect of cooling coils installed on Canadian Naval Frigates) Inco Limited v. Howden Group Canada Limited and Hatch Associates Ltd. (product liability case in respect of equipment manufactured for Inco.) Ahmadiyaa Abode of Peace v. Essroc Canada Inc., and others (construction litigation in respect of an high-rise apartment building) Innvest Real Estate Investment Trust v. J. Stuart Hall & Associates, Grant Morden, and others (construction litigation relating to a hotel property in Ottawa) Meade v. Caspian Investments Resources Ltd. (stock options, injunctions and breach of contract) Tigney Technology Inc. v. Swedish Tobacco Co. (arbitration under the International Commercial Arbitration Act, subsequently appealed to the Ontario Court of Appeal) Apotex Inc. v. Plantex USA Inc. (breach of contract claim in the Ontario Superior Court) Tecumseh Fuels v. Imperial Oil (breach of contract claim in the Ontario Superior Court) 1547107 Ontario Inc. v. Imperial Oil (breach of contract, injunctions)
  • 28. Zander v. Imperial Oil (negligence claim with allegations relating to a defective mechanical door) Footitt v. Gleason (oppression remedy under the Ontario Business Corporations Act) Nestlé Canada Inc. v. Borgh Dairy (breach of contract under a distributors agreement) Education Admitted to the Ontario Bar - 1988 LL.B., University of Toronto - 1986
  • 29. Robin Linley Partner, Toronto Office Blake, Cassels & Graydon LLP Direct 416-863-3047 Facsimile 416-863-2653 robin.linley@blakes.com Profile Robin Linley is a litigation Partner. He has a broad commercial litigation practice that includes an emphasis on product liability law, class actions and aboriginal law. In the area of product liability law, Robin has acted for manufacturers in the defence of serious personal injury cases involving allegations of failure to warn, negligent design, manufacture and testing of medical devices, pharmaceutical products, as well as automotive and consumer goods. Robin also provides proactive advice to manufacturers and others in the distributor chain on product warnings and recalls. He is actively involved in the Firm's class action practice and is currently involved in the defence of a number of high-profile class actions in this area. Robin's commercial practice includes representing both plaintiffs and defendants in disputes involving a wide variety of areas, including breach of restrictive covenants, breach of warranty, professional negligence and breach of commercial contracts generally. In the area of aboriginal law, Robin represents and advises both First Nations and non-First Nations clients in cases related to the "duty to consult." Robin speaks at conferences and writes regularly on topics germane to his areas of practice. He is a member of the Canadian Bar Association, the Canadian Defence Lawyers Association and the Defence Research Institute. He is a former member of the Adjunct Faculty at Osgoode Law School, where he taught an upper-year course in contract remedies. A member of the Firm's Pro Bono Committee, Robin is a firm believer in the positive benefits that pro bono work can generate for those involved in it. Prior to joining Blakes, Robin received a B.C.L. degree from Oxford University in England, where he studied law as a British Chevening Scholar. Reported Cases Boulanger v. Johnson & Johnson [2007] O.J. No. 179 (S.C.J.) (QL) SimEx Inc. v. IMAX Corp., [2005] O.J. No. 817 (S.C.J.) (QL) BNY Capital Corp. v. Katotakis, [2005] O.J. No. 813 (S.C.J.); aff'd O.J. No. 640 (C.A.) (QL) Education Admitted to the Ontario Bar - 2002 B.C.L., Oxford University - 2002 LL.B., Dalhousie University - 2000 B.A. (Hon.), Queen's University - 1996