Hyperlawhypertext legal database Canadian Indemnity Co. v. Canadian Johns-Manville Co. [1990] 2 SCR 549

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Canadian Indemnity Co. v. Canadian Johns-Manville Co.

[1990] 2 SCR 549 Court SCC Decision date 1990-09-13 Docket 21265 English

PartiesCanadian Indemnity Company Appellant·Canadian Johns‑Manville Company, Limited Respondent

Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret

Delivered by Judgment of the Court

On appeal from Quebec

Subjects Insurance

Contents

Judgment of the Court

The judgment of the Court was delivered by

The process of manufacture . . . .
Enquiries should also be made as to the source of supply of the raw materials or components which are to form part of the product being manufactured . . . .

. . .

Apart from obtaining a complete description of the proposer's products, it would be prudent to ask the following general questions: ‑‑
1. Are the products inherently dangerous?
2. Can the products create damage by unexpected use or mixture with another product?
If the products are for human consumption or application to the human body, what are the possibilities of claims for allergy?
Have the products been properly researched, and approved by the appropriate authorities?
Are the products properly labelled?
What method is used for distribution of the products?
Are the products likely to be repackaged by another party before they reach the ultimate consumer?

Footnotes

  1. [1] * See Erratum, [1990] 2 S.C.R. iv
  2. [2] ** See Erratum, [1990] 2 S.C.R. iv