Date: Wed, 10 Sep 2008 21:34

From: Geneviève Saumier

Subject: Maple Leafs, listeria and strict liability

I’ve just read over one of the class action claims filed in Ontario regarding the contaminated Maple Leafs products (how useful that firms put these online!). The claim states that the defendant is liable in negligence and in strict liability for manufacturing contaminated food products. Is it common usage for a claim of this kind to be stated as a strict liability claim or is this just res ipsa loquitur in disguise? Given that a strict liability regime is provided for this type of case by the Civil Code in Quebec, where a class action has also been filed, I’m interested in the potential implications of the diverse substantive laws, particularly in the context of the national class sought to be certified in several of the claims filed in Canadian jurisdictions.

Any insight on the strict liability nomenclature used in the Ontario claim would be appreciated!

Thanks
Geneviève

______________________________________
Geneviève Saumier
Associate Professor / Professeur agrégé
Faculty of Law / Faculté de droit
McGill University
http://www.mcgill.ca/law/

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