Safa Enterprises Inc. v. Imperial Tobacco Company Limited
The owner of a convenience store brought an action against Imperial Tobacco Company for violation of Canada’s pricing laws. The convenience store was not allowed to participate in Imperial’s preferred pricing program. However, a competing convenience store was part of the program, which allowed the competing store to sell cigarettes at a lower price. The Competition Tribunal dismissed the case, finding that the convenience store bringing the action was unable to prove that Imperial’s alleged discrimination (by not allowing the store to participate in the pricing program) was because of the store’s low prices.
Safa Enterprises Inc. v. Imperial Tobacco Company Limited, 2013 Comp. Trib. 19, File No.: CT-2013-007 (2013).
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
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.
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.
"However, it is not the low pricing policy of Imperial which is important at this stage, but that of the applicant who is seeking leave. The Applicant’s low pricing policy, described above, is not the policy the legislator had in mind when drafting section 76 of the Act. The mischief to which the provision is directed (to use the example of the present case) would be the refusal of Imperial to supply Hasty New Market because Hasty re-sells Imperial’s products at a price to which Imperial objects.
In the circumstances, while the Tribunal understands that the Applicant faces a difficult situation, it finds that there is not, on the record before the Tribunal, reasonable grounds to believe that Imperial’s conduct could be subject to an order under section 76. The application will therefore be dismissed."
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 owner of a convenience store brought an action against Imperial Tobacco Company for violation of Canada’s pricing laws. The convenience store was not allowed to participate in Imperial’s preferred pricing program. However, a competing convenience store was part of the program, which allowed the competing store to sell cigarettes at a lower price. The Competition Tribunal dismissed the case, finding that the convenience store bringing the action was unable to prove that Imperial’s alleged discrimination (by not allowing the store to participate in the pricing program) was because of the store’s low prices.