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Product Regulation & Liability

Canada: Judicial Recognition Of Risk Assessment, R. v. Michaud

The Ontario Court of Appeal has recently released its decision in R. v. Michaud, 2015 ONCA 585 . This decision is of importance as the Court's endorsement of the hybrid model of ex ante / ex post legislation has the effect of recognizing the role of risk assessment as a legal necessity.

Permits Available For Canadian Mercury-containing Products Ban

The federal government has enacted further restrictions in the use of mercury in products in Canada. The Products Containing Mercury Regulations set a November...

European Court of Justice: “Defect” and Recoverable Damages – Implications for Manufacturers

Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt - Die Gesundheitskasse. Joined Cases C-503/13 and C-504/13 This is a rare example of a major...

EU: Update on the REACH “article in article” debate

On 12 February 2015, Advocate General (AG) Kokott published her non-binding opinion in a preliminary ruling referred to the Court of Justice of the European...

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