Fasken’s Product Liability Group understands that companies require prescient risk management to minimize litigation and, if litigation arises, a sound and cost-effective litigation strategy to defend claims.
With the collective experience of our more than 50-member team, we are always ready, willing and able to take our clients’ cases to trial; but at the same time we are always open to seizing opportunities to resolve the case when it serves their legal, business or financial interests.
Among our strengths, clients can especially benefit from:
Risk assessment and regulatory compliance expertise: Based on our years of experience, we can identify legal risk factors at all stages of the product design and manufacturing process. We provide advice respecting risk management strategies and steps for regulatory compliance matters, document management, product warnings and product recalls.
Technical knowledge: We offer extensive experience in working with clients’ in-house engineers and in identifying, retaining and instructing alpha-quality experts in a wide variety of disciplines to best defend your case.
Litigation and class action experience: Our firm has one of the largest litigation teams in Canada. As a result, we offer the experience and expertise to represent large and complex product liability claims including class-actions and multi-party, multi-action and multi-jurisdiction claims, and mass tort cases. We have extensive experience as national defence counsel for clients in Canada, and we regularly work in conjunction with our clients’ US outside counsel in cross-border parallel mass tort MDL/class action proceedings.
Litigation management: Our specialized litigation management protocol, known as WayPoint, allows our team to cost-effectively manage litigation collaboratively with clients in a way that meets their specific business needs. This includes early assessment of claims, preparation of trackable litigation budgets, and strategic litigation plans designed to resolve the claim in the most appropriate way in all circumstances.