Canada

Family members whose relatives died in a house fire allegedly caused by a cigarette sued the tobacco company claiming that the company’s cigarettes were defective because they were not “fire safe”. The plaintiffs sought class action status on behalf of other Canadians who were injured or suffered a loss as a result of a cigarette fire that occurred after October 1, 1987. This decision affirmed an earlier ruling finding that a class action was not appropriate because the definition of the class relied on the outcome of individual claims to determine who would be part of the class. Additionally, the court found that a class action was not the preferable procedure because long and complex trials would be necessary on individual claims even after common issues are resolved.