The government of Ontario sued a variety of tobacco manufacturers seeking to recover $50 billion in health care costs caused by tobacco-related disease. The claim was brought under the Tobacco Damages and Health Care Costs Recovery Act, an Ontario law that gives the government the right to recover health care costs arising from “tobacco-related wrongs.” The government alleged that the tobacco companies engaged in a decades-long conspiracy to mislead Ontario about the health risks of smoking and to suppress information about the dangers of smoking. Six of the foreign tobacco companies argued that the Ontario courts do not have jurisdiction over them. The appeals court affirmed an earlier ruling finding that that the court has sufficient jurisdiction to proceed against the foreign companies.
Governments or insurance agencies may seek reimbursement from the tobacco companies for health care costs related to tobacco. The most famous example is the case brought by individual states in the U.S.A. that resulted in the Master Settlement Agreement.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.
The government of Ontario sued a variety of tobacco manufacturers seeking to recover $50 billion in health care costs caused by tobacco-related disease. The claim was brought under the Tobacco Damages and Health Care Costs Recovery Act, an Ontario law that gives the government the right to recover health care costs arising from “tobacco-related wrongs.” The government alleged that the tobacco companies engaged in a decades-long conspiracy to mislead Ontario about the health risks of smoking and to suppress information about the dangers of smoking. Six of the foreign tobacco companies argued that the Ontario courts do not have jurisdiction over them. The appeals court affirmed an earlier ruling finding that that the court has sufficient jurisdiction to proceed against the foreign companies.