Legal Blog
Prime Minister announces Canada's new Food and Consumer Safety Action Plan
Tuesday, December 18, 2007
Prime Minister, Stephen Harper announced new legislation yesterday with proposed measures imposing tougher federal government regulation of food, health and consumer products.
It is comforting to know that the Canadian government has finally stepped up and not only acknowledged but is doing something about the growing concern surrounding food safety and consumer products.
As noted previously on our legal blog, 2007 can be dubbed the year of the recall. Numerous toys and food products were recalled by Health Canada and the Canadian Food Inspection Agency.
The Prime Minister announced the new measures just in time for the Holiday season and stated, "Canadians rightly expect their federal government to police the safety of the products they bring into their homes."
It is about time that corporations that manufacture and produce products for the Canadian public be held to high standards of safety and compliance.
The new legislation will allow for:
Mandatory product recalls when companies fail to act on legitimate safety concerns.
Making importers responsible for the safety of goods they bring into Canada.
Increasing maximum fines under the Food and Drug Act from $5,000 up to current international standards.
Better safety information for consumers and guidance to industries on building safety throughout their supply chains.
The new measures are a message for all companies who conduct business in Canada that they better shape up. People who purchase products regardless of the cost should be confident the product meets Canadian standards.
The Canadian government should be lauded for the new measures.
To read more about the new measures click here
If you would like more information on whether or not you have a case against a potential manufacturer or producer contact the law firm of Neinstein & Associates for a free quote.
- Top
- Comments
Cold Medication Banned
Thursday, December 06, 2007
The recent findings from the distinguished New England Journal of Medicine has promoted grave concerns regarding cold medication for children. The Journal indicates that these medications can be very harmful and can even cause death if consumed by children under the age of 6.
The medication is currently, being pulled off the shelves in both Canada and the US. At this time there is no telling how many infants could have been affected by this. If you or a loved one has become ill or suffered adverse symptoms as a result of the use of these products contact the law firm of Neinstein and Associates.
The Journal indicated that over 1500 children went to the emergency room after using the products in 2005 and 2006. The Journal also reported that since 2000 poison control centers have received over 750,000 calls regarding the medications. Finally, the journal also reported 123 deaths over the past few decades because of the medication.
Neinstein & Associates would like to hear from you if you or a loved one has sought medication attention or suffered adverse symptoms by indigestion of the products in question.
Certification of Class Action against Toronto Dominion
Monday, December 03, 2007
In a blockbuster ruling the Ontario Court of Appeal has certified a Class Action against the Toronto Dominion Bank for collecting undisclosed fees on Visa card transactions dealing with foreign currency between 1986 and 2003.
The Chief Justice did not buy TD's argument that calculating damages would be expensive and time consuming. He wrote, "it would hardly be sound policy to permit a Defendant to retain a gain made from a breach of contract because the Defendant estimates its costs of calculating the amount of the gain to be substantial."
In a press release on Sutts, Strosberg LLP's website managing partner Harvey T. Strosberg representing the Plaintiffs stated, "this decision is of fundamental importance to TD Visa cardholders as class members and to the public. The Court of Appeal recognized the necessity of allowing a class action against a fundamental institution which allegedly, repeatedly, overcharged some of its customers' small amounts of money totaling tens of millions of dollars."
Lawyers Weekly reported that, "what gave rise to the class action was Dr. Paul Cassano's payment of a US$563.36 hotel bill in New York in 1994. Because the hotel mistakenly charged his TD Visa card twice for CDN$766.62, Cassano received a creditin the amount of CDN$745.44. The $21.18 shortfall consisted of additional fees charged by TD for foreign currency transactions."
The original motion to certify the action as a class action was unsuccessful in March 2005 when it was dismissed due to the fact the motion Judge found that certification could only occur if compensatory damages could be determined on a class-wide basis. As a result' the motion judge found the action did not satisfy the Class Proceeding Act's preferable procedure requirement. This decision was upheld at the Divisional Court until recently, when the Ontario Court of Appeal reversed that finding.
If the Plaintiffs are successful this could have huge implications for TD and the costs could be in the hundreds of millions of dollars.
As of 2001 TD amended its cardholder agreements disclosing the conversion and issuer fees.