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.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"As set out above, the Crown has established a good arguable case that the JCDs conspired and acted in concert in committing tobacco related wrongs. The damage is alleged to have occurred in Ontario. This is sufficient to establish a connection between the JCDs and the province. Moreover, this conspiracy, if proven, relates to matters of significance in Ontario – allegedly misleading the public and the government about the harmful effects of cigarettes and exposure to second hand smoke. The allegations of conspiracy and concert of action establish a real and substantial connection between each of the JCDs and the Province of Ontario. In addition, and while it is not necessary to go further, the Crown’s evidence on Investments’ involvement in Canadian research matters and in Imasco’s tobacco operations reinforces its connection to Ontario. Likewise, the evidence of RJR Company’s sales of RJR blended products referred to above reinforces the connection between RJR Company and Ontario."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.