Does Canada have strict product liability?
No. Unlike the United States, Canada does not apply strict liability to product cases. An injured plaintiff must prove the manufacturer, distributor, or retailer was negligent — that they failed to meet the standard of a reasonable manufacturer in the product's design, manufacturing, or warnings. This is a higher bar than US strict liability.
What types of product defects can I sue for?
Three categories: (1) manufacturing defects, where an individual item departed from its intended design; (2) design defects, where the entire product line is unreasonably dangerous and a safer feasible alternative existed; and (3) failure to warn, where the maker did not adequately warn of non-obvious hazards or provide safe-use instructions.
What is the learned intermediary rule?
In Canada, for products like prescription drugs or medical devices, a manufacturer may discharge its duty to warn the end user by adequately warning a 'learned intermediary' — typically the prescribing physician. If the intermediary was properly informed, the manufacturer may not be liable directly to the patient.
Can I sue the retailer or only the manufacturer?
You can often sue multiple parties in the distribution chain — manufacturer, distributor, and retailer — under negligence and, where you bought the product, breach of the implied conditions of merchantability under provincial Sale of Goods Acts. Adding parties improves your odds of recovering against a solvent defendant.