42 www.canadianlawyermag.com/inhouse
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
