Ontario Court Dismisses Failure to Warn and Negligent Manufacture Claims Against Defendants in Leaky Dishwasher Case

In Pelton v Maytag, 2024 ONSC 3016 (“Pelton”) the Ontario Superior Court of Justice (the “Court”) ruled that the defendant manufacturers were not liable for failing to warn consumers that the product could fail because of a “freezing event” and did not establish a manufacturing defect claim. In dismissing the plaintiff’s product liability claims, the Court offers guidance regarding a manufacturer’s duty to warn of remote or unforeseeable risks, and the evidentiary standard involved in…
By: Stikeman Elliott LLP