Canadian Lawyer InHouse

September/October 2019

Legal news and trends for Canadian in-house counsel and c-suite executives

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Page 41 of 47

42 FEATURE Canada? Are there regulatory schemes that are now going to require greater cyber-security with these connected devices?" says Zakaib. For example, he points to California, where, by 2020, manufacturers of internet-connected devices are required to ensure the device has "reasonable" security features. Michael Peerless, a partner at McKen- zie Lake Lawyers LLP in London, Ont., says product liability litigation that relates to the "Internet of Things" is almost certainly to be expected. Peerless points to emerging technologies such as autonomous vehicles and drones. "[V]ehicles are probably one of the main product liability areas in litigation in North LAWYERS WHO are involved in product liability litigation say there may be more cases that emerge relating to connected devices. Product liability litigation usually involves parties such as product designers, suppliers, manufacturers, wholesalers, distributors, retailers and end users and their insurers. These parties can become involved in civil proceedings due to a product's alleged defects. Glenn Zakaib, a partner and national co-chairperson of the class actions group at Borden Ladner Gervais LLP in Toronto, says litigation related to connected devices is a "po- tential area [of growth in litigation] for the future. "It's existing now, but it's not really picked up as [of] yet, and it's coming more in the future," he says. Zakaib says lawyers whose practice intersects with product liability may have to become familiar with different areas when it comes to the use of connected devices. "We're now looking at issues about poten- tial regulation of connected devices, whether something, if you're going over a network, is it regulated by the [Canadian Radio-television and Telecommunications Commission] in Product liability litigation for the Internet of Things is coming, predict lawyers "Autonomous vehicles . . . even to the extent they're safer than human-driven vehicles, [are] going to seem new enough that they're going to spawn litigation any time there's an injury or a product problem." Michael Peerless, McKenzie Lake Lawyers LLP Liability for connected devices

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