Restitution Discussion Group Archives
| Sender: |
Neil Guthrie |
| Date: |
Tue, 31 Oct 2006 13:34:36 -0500 |
| Re: |
Serhan v. Johnson & Johnson |
The Ontario Court of Appeal has refused
leave to appeal the decision of the Divisional
Court (where the judges divided on the viability of a claim based
on waiver of tort).
Where this leaves us is not entirely clear: although
the merits of such a claim might conceivably be determined in the Serhan
class action, it is almost certain that the parties will settle before
an actual trial of the issues. Other products liability claims have been
drafted (or amended) to reflect Serhan, so perhaps the status
in Ontario of waiver of tort will be decided in one of those.
Neil Guthrie
Stikeman Elliott LLP
Toronto, Canada
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