What is the current state of the law in the context of medical malpractice cases?
Ontario, Canada
The following excerpt is from Toronto Community Housing Corporation v. Thyssenkrupp Elevator (Canada) Limited, 2011 ONSC 4914 (CanLII):
The plaintiffs argue that the approach in Hughes v. Sunbeam supports a common issue that asks if the product was fit for its purpose. (Common issues # 1and #2 ask this question). I agree that Hughes v. Sunbeam extends the right to allege economic loss when a product that may not be dangerous itself, is dangerous to rely upon. However, the wording in common issues #1 and 2 does not track the claim that the court permitted to proceed in Hughes v. Sunbeam.
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