Canada Case Law

Lumsden v. Barry Cordage Ltd.

Court

Supreme Court of Nova Scotia

BCL, as distributor, forwarded adequate Petzl manufacturer instructions, had no evidence of knowledge that Remote Access Technologies altered those instructions or that the components were defective, and plaintiff failed to present evidence creating a real chance of success that BCL breached a duty; accordingly there is no genuine issue for trial and summary judgment is granted dismissing the action.

Source excerpt

• Distributor liability
• Duty to warn
• Failure to warn
• Instructions/manufacturer warnings
• Causation
• Foreseeability

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Rivtow Marine Ltd. v. Washington Iron Works

Court

Supreme Court of Canada

The Supreme Court of Canada held that Washington Iron Works and Walkem Machinery owed Rivtow Marine a duty to warn of known crane defects, making the loss of use during repairs recoverable.

• Duty to warn
• Economic loss (pure economic loss)
• Manufacturer liability
• Distributor liability
• Remoteness/proximity
• Duty-to-warn

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