The government of Ontario brought an action against various tobacco manufacturers seeking recovery of 50 billion dollars in health care costs that had been or would be paid by the government for treatment of its insureds' diseases or risks of diseases related to tobacco use. The claim was brought under the Tobacco Damages and Health Care Costs Recovery Act. The government alleged that the manufacturers had engaged in an intentional scheme of deception, arguing, among other things, that the manufacturers had been aware of the harmful health effects of cigarette smoke and second-hand smoke for several decades but had suppressed evidence revealing these effects and had purposely misled the public about the health risks of cigarette smoke.
This order reviews certain companies challenge to jurisdiction. The court rejects the challenge to jurisdiction and orders costs to be calculated for all the proceedings leading up to this ruling.
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.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
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.
The government of Ontario brought an action against various tobacco manufacturers seeking recovery of 50 billion dollars in health care costs that had been or would be paid by the government for treatment of its insureds' diseases or risks of diseases related to tobacco use. The claim was brought under the Tobacco Damages and Health Care Costs Recovery Act. The government alleged that the manufacturers had engaged in an intentional scheme of deception, arguing, among other things, that the manufacturers had been aware of the harmful health effects of cigarette smoke and second-hand smoke for several decades but had suppressed evidence revealing these effects and had purposely misled the public about the health risks of cigarette smoke.
This order reviews certain companies challenge to jurisdiction. The court rejects the challenge to jurisdiction and orders costs to be calculated for all the proceedings leading up to this ruling.