2 total
Product liability claim dismissed for lack of expert evidence.
The defendant manufacturer brought a motion for summary judgment seeking dismissal of a product liability claim arising from injuries caused by an electronic wheelchair.
The plaintiffs alleged manufacturing defects, inadequate warnings, and failure to provide proper training.
The court held that issues concerning product design standards and causation required expert evidence.
Because the plaintiffs produced no expert or other evidence capable of establishing a breach of the applicable standard of care or causation, there was no genuine issue requiring a trial.
Summary judgment was granted dismissing the claim against the manufacturer.
Evidence excluded after unlawful warrantless apartment search following Mental Health Act detention.
The accused brought a motion to exclude evidence discovered during a warrantless search of his apartment after police detained him under s. 17 of the Mental Health Act following an emailed threat.
While the court held the detention lawful, it found that police had no authority to conduct a warrantless search of the residence once the accused had refused consent and no exigent circumstances existed.
Officers had time to obtain a telewarrant and possessed no information suggesting imminent danger.
Applying the s. 24(2) Charter framework from Grant, the court concluded the breach of the accused’s privacy interest in his dwelling was serious and had a significant impact on his Charter rights.
The marijuana grow-operation evidence was excluded.
