Is there a product that is not a "goods" under the BPCPA?

British Columbia, Canada


The following excerpt is from Cantlie v. Canadian Heating Products Inc., 2017 BCSC 286 (CanLII):

The defendants also submit that their position is supported by the decision in Bryan v. Gill, 2013 BCSC 1898. However, the “goods” at issue in that case was a medical device used during an emergency procedure which the court found was supplied to the doctor rather than the plaintiff. The court held that the device in the case was not provided to the plaintiff, indirectly or otherwise and was, therefore, never subject to a consumer transaction. Again, this is different than a fireplace that has been installed in a home specifically for purposes that are primarily personal, family or household within the meaning of the BPCPA.

Other Questions


What is the test for determining whether a manufacturer of a product is responsible for a product's adverse effects? (British Columbia, Canada)
What is the test of good faith in bringing an action in good faith? (British Columbia, Canada)
What is the test for determining whether a person is able to produce a product that contains a specific type of material which is not suitable for human consumption? (British Columbia, Canada)
What is the test for “substantial success” in determining whether either party had a good chance of success in their claim? (British Columbia, Canada)
What is the effect of a medical malpractice case on the cost of production? (British Columbia, Canada)
In what circumstances will the Master order production of documents under Rule 26(11)? (British Columbia, Canada)
What is the current state of the law in relation to the production of relevant documents? (British Columbia, Canada)
What factors will be considered in determining whether a witness has a good mental state? (British Columbia, Canada)
Can a court order security for future good behaviour instead of committal to jail, or a fine or both? (British Columbia, Canada)
Does the principle of "buyer beware" apply to this type of product? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.