Toronto Lawyers for Food, Beverage, Confectionary and Water Industries

Food and Beverage Litigation Services, Regulatory Compliance Advice and Brand Protection

Given the consumer demand for fresh, high-quality products coupled with increasing market prices and the pressure to deliver a wholesome product at a lower cost, food and beverage companies face a whole host of challenges.

These challenges include ensuring regulatory compliance with both federal and provincial laws, safeguarding the protection of your brands, and adequately responding to consumer complaints following a product recall or product defect allegation. Our dedicated team of lawyers combine litigation experience with an understanding of the dynamics and issues facing the food and beverage sector.

Gilbertson Davis can assist companies in the following areas:

    • Regulatory Approvals
    • Sale of Goods Disputes and Distribution Issues
    • Internal Business Disputes – Partnership, Shareholder and Joint Venture Disputes
    • Employment Disputes
    • Product Liability Issues, including Defective Products, and Product Recalls
    • Branding and Brand Protection
    • Construction Disputes

Regulatory Compliance

Given the proliferation of health food products in Canada, scrutiny over regulatory compliance has only intensified over recent years. Food and beverage businesses in Canada are tasked with keeping apprised of various regulatory laws, both at the federal and provincial level. From the agricultural businesses, dairy farmers, manufacturers of food, beverage, confectionary or water products, and health supplements, the government has introduced more rigorous scrutiny of food products in terms of safety.

Sale of Goods and Distribution Disputes

Disputes can arise from sale of goods transactions in numerous ways. For example, claims between manufacturers and distributors may arise from contract disputes regarding delays in delivery, product quality, and disputes regarding a product’s fitness for use.

Also, claims by end user business consumers against retailers, distributors, manufacturers and others may arise from allegations that the goods are not safe, reliable, and suitably fit for their purpose, of merchantable quality or that goods have a dangerous design or latent defect.

In understanding that there are many steps in the process to a finished product, our lawyers are well-equipped to handle contract disputes along the entire supply chain, including disputes between a manufacturer and its distributor, distributor and retailer, or finally any disputes advanced by a consumer.

Internal Business Disputes and Employment Disputes

Disputes within a partnership or corporation disrupt the business, and may affect the company’s long-term effect on their reputation in the community, or the viability of the business.

Companies may also face issues with their employees or former employees, which may disrupt their business. Employees are subject to various restrictive covenants as part of their employment contract that restrict an employee from engaging in certain activities during employment, and/or following departure from a company. These clauses include non-competition clauses, non-solicitation clauses, and confidentiality clauses or agreements.

Our lawyers have the experience to handle disputes within a company or partnership, as well as disputes arising from an employee’s failure to abide by the terms of its contract upon termination of the employment relationship.

Product Liability and Product Recalls

In addition to the regulatory challenges a food or beverage company might face, participants in the food and beverage industry may also face claims brought by consumers who allege a defect with a product. Product recalls tend to lead to litigation, as do perceived failures to warn about a product’s harmful effects. When faced with a potential product recall or defective product claim, the lawyers at Gilbertson Davis can utilize our years of litigation experience in a variety of industries to protect your interests.

Branding and Brand Protection

The lawyers at Gilbertson Davis have high-profile trademark and copyright litigation experience. Trademarks can only retain value if they are not used by competitors or associated with another business that might depreciate the goodwill developed in that mark. Trademark rights can be protected by way of enforcement proceedings.

Why Gilbertson Davis LLP?

Our team of lawyers are leading practitioners and provide sound advice and effective representation, taking into account the specific needs and concerns of the particular industry and business.

If you require assistance with handling a product liability concern, seeking the appropriate regulatory approvals, or addressing a business or sale of goods dispute, please contact us for an initial consultation.