What is the liability of the purchasing corporation of a manufacturer of equipment manufactured in 1948?
Ontario, Canada
The following excerpt is from Talbot v. Nourse et al, 2018 ONSC 1061 (CanLII):
The plaintiff relies heavily on Ramirez v. Amsted Industries Inc., 431 A. 2d. 11 (Sup. Ct., 1981) where the plaintiff was injured in 1975 while operating equipment manufactured in 1948. The original manufacturer sold its assets in 1956. Although liability usually does not follow assets on a sale, the court noted that there are a number of exceptions to that rule including where the purchasing corporation is merely a continuation of the vendor (at para. 25).
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