Date: Fri, 12 Sep 2008 04:47

From: Lewis Klar

Subject: Maple Leafs, listeria and strict liability

Would have to check legislation but generally Sale of Goods applies as between seller and buyer; not manufacturer and buyer. I assume that the defendant here is primarily manufacturer. Also the legislation David mentions - I do not think it creates a liability provision but I just skimmed it. It is a regulatory, quasi-penal statute - do not see how it assists consumers against producers. But this opens up the breach of statute argument. But we know where that goes in Canada.

Lewis

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