Simon's Megalomaniacal Legal Resources

Torts - Negligence - Duty to Warn

. Burr v. Tecumseh Products of Canada Limited

In Burr v. Tecumseh Products of Canada Limited (Ont CA, 2023) the Court of Appeal considered the negligence duty to warn:

2. No duty to warn the Burr-Callisters

[83] As noted by the Supreme Court in Hollis v. Down Corning Corp., 1995 CanLII 55 (SCC), [1995] 4 S.C.R. 634, at paras. 20-29, the principles governing the duty to warn include the following:

i. There is a duty to warn of dangers inherent in the use of a product;

ii. The duty is ongoing and continues after the product is delivered;

iii. Warnings must be clear and specific to the dangers that arise from ordinary use; and

iv. The duty varies with the level of danger associated with ordinary use of the product.

See also Rivtow Marine Ltd. v. Washington Iron Works, 1973 CanLII 6 (SCC), [1974] S.C.R. 1189, at p. 1200.