Burlington Lawyer | Canada Is Next
Burlington Lawyer | Canada Is Next
An American journal article from 2008 predicted that Canada would be next in terms of large scale product liability and complex litigation.
The article stated:
At a 2008 products liability symposium, a well-regarded New York City Plaintiffs' attorney stood before a room of lawyers and in-house counsel. The topic of his presentation was, in part, to forecast the next direction of mass tort litigation. His message to those listening was clear. "Canada is next"
The article can be found at the following link:
http://el.shb.com/nl_images/SHBWebsite/NewsEvents/2009/ABraveNewWorld2009.pdf
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Burlington Lawyer | Health Canada Food Recall
Burlington Lawyer | Health Canada Food Recall
HEALTH HAZARD ALERT - VARIOUS FOODS CONTAINING PEANUT PRODUCTS RECALLED BY PCA MAY CONTAIN SALMONELLA BACTERIA
OTTAWA, March 7, 2009 The Canadian Food Inspection Agency (CFIA) is warning the public not to consume the foods described below because these products may be contaminated with Salmonella. These foods contain peanut products (butter/paste, as well as whole, crushed, powdered, etc.) that have been recalled in the U.S. and Canada by Peanut Corporation of America (PCA) due to Salmonella contamination.
This is an ongoing food safety investigation. The CFIA is working with the U.S. Food and Drug Administration (FDA) to identify and remove all affected products imported into Canada from the U.S. The CFIA is also working with Canadian manufacturers to recall foods containing affected U.S. peanuts. As more products are identified, the CFIA will continue to update its list of recalled products.
The following foods, manufactured in the United States of America, are affected by this alert:
Brand
Product
Size
UPC
Code
Old Fashion Foods - Rochdale Blvd, Regina, SK
Chocolate Peanut Clusters
Variable weights
200000 706326
All codes
Old Fashion Foods - Rochdale Blvd, Regina, SK
Golden Bridge Mix
Variable weights
N/A
All codes
Old Fashion Foods - Dewdney Ave, Regina, SK
Golden Bridge Mix
Variable weights
N/A
All codes
These products have been distributed in Saskatchewan.
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Burlington Lawyer | Food Recalls
Burlington Lawyer | Food Recalls
The food recalls are endless especially regarding the peanut outbreak in the United States. It's interesting that the peanut scare has not gotten to Canada.
Fri, 06 Mar 2009 12:57:00 -0600
Jenny Craig, Inc. announced that out of an abundance of caution it will be honoring a recall order issued by The Texas Department of State Health Services (DSHS) and further supported by the United States Food and Drug Administration (FDA) and the Canadian Food Inspection Agency (CFIA). As such, Jenny Craig is voluntarily recalling all products manufactured with ingredients from PCA's Plainview Texas facility since that plant opened in March 2005. This represents an expansion of recall activities already associated with PCA''s Blakely Georgia facility that was initiated in January.
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Burlington Lawyer | More Problems For Maple Leaf Foods
Burlington Lawyer | More Problems For Maple Leaf Foods
Maple Leaf Foods continues to face growing woos. It was reported today that the food giant may have known about the listeria outbreak sooner.
In the United States food litigation is much more common and frequent. However, in Canada there are fewer reported legal cases regarding food litigation. I predict that over the next few years food recalls will become even more common. The Canadian Food Inspection Agency releases almost daily recalls that few Canadians are aware of.
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Burlington Lawyer |Tattoo Parlour Scare
Burlington Lawyer |Tattoo Parlour Scare
The CBC News reported:
Public health officials are urging customers of a Mississauga, Ont., tattoo and piercing parlour over the last four years to get blood tests over concerns as many as 3,000 clients may have been exposed to hepatitis B, hepatitis C and HIV.
People who received tattoos or piercings at Moonshin Tattoo between March 2005 and February 2009 may have been exposed to equipment that was not adequately sterilized, said Dr. Eileen de Villa, associate medical officer of health for Peel Region.
This is the second tattoo parlour incident in over a year. Last year a tattoo parlour in Durham was identified as posing a health risk. In fact, a local Toronto firm has commenced a class proceeding in the Durham case.
The fact that only in less than one year this incident has occurred again leaves one to wonder how many other tattoo parlours are operating in violation of health codes and safety policies.
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Burlington Lawyer | Negligence at Oktoberfest
Burlington Lawyer | Negligence at Oktoberfest
Donaldson v. Doe,
[2009] B.C.J. No. 154
NEGLIGENCE - FORESEEABILITY - It was not foreseeable that respondent would pose a risk to Oktoberfest patrons when he left the premises carrying a glass beer mug.
Appeal from the dismissal of appellant's action. Appellant was injured when he was struck in the face by the respondent B with a glass mug that had been handed out to patrons of Oktoberfest. It was not known whether B hit appellant intentionally. B was intoxicated. The trial judge held that neither the promoter of the event nor the owner of the venue owed a duty of care to appellant. The judge found it was not reasonably foreseeable that a pedestrian would be injured by B. Even if B had been over-served, and the promoter and owner knew or ought to have known that he was drunk, the judge would not have found a duty of care because allowing Oktoberfest patrons to leave with glass beers mugs did not create a foreseeable risk of harm to persons in the area.
HELD: Appeal dismissed.
The promoter and owner owed a duty of care to protect persons such as appellant from injury by patrons of Oktoberfest who left that event intoxicated. A commercial host owed a duty to third-parties to protect them from alcohol-related injuries caused by intoxicated patrons. Foreseeability with respect to the manner in which a third-party was injured was not part of the duty of care analysis. Even if the promoter and owner were negligent, in that their actions fell below the required standard of care, evidence that appellant's injury would not have occurred but for that negligence was lacking. The evidence admissible against respondents was not capable of proving that B, by reason of his level of intoxication, posed a foreseeable risk to others when he left the premises carrying a glass beer mug.
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