Rothman's, Benson & Hedges Inc. et al. v. Attorney General of Canada
Three tobacco manufacturers sought a stay of the Tobacco Products Information Regulations (SOR/2000-272), which required pictorial health warnings on 50% of primary display surfaces, a health information message on one lateral side or insert, and constituents and emissions figures on one lateral side. The manufacturers alleged that the requirements were ultra vires, came under provincial jurisdiction, constituted an expropriation, and were so vague as to make compliance impossible, among other arguments. While these claims were pending before the court, tobacco manufacturers sought a stay of implementation.
The Court dismissed the manufacturers’ application for a stay of implementation of the packaging and labeling regulations. The Court determined that granting interlocutory relief would cause greater harm to the public interest than the inconvenience that tobacco manufacturers would suffer if implementation proceeds while the claims are pending.