WeirFoulds partner Nikiforos Iatrou and associate Kayla Theeuwen contributed to the Aug/Sept issue of Today’s General Counsel with their article, “‘Umbrella Damages’ Forecast for Canada: Cross-border sellers beware “.
The article examines divergent views on the issue of whether umbrella purchasers have a cause of action at Canadian law, and, as a result, identifies that a storm of umbrella damage claims may be in the forecast.
Since the article was published, the British Columbia Court of Appeal upheld the decision in Godfrey v. Sony Corporation, a case that certified a class that included “umbrella purchasers”. The BCCA’s decision is in stark contrast with the Ontario Divisional Court in Shah v. LG Chem, which upheld a decision that refused to certify a class that included “umbrella purchasers”. With appellate courts in BC and Ontario taking opposite stances on this issue, it will be interesting to keep an eye on how future cases involving these claims are decided.
To read the full article, please click here.
