R-2.2.0.0.1 - Tobacco-related Damages and Health Care Costs Recovery Act

Section 16 Disposition versions

2009-06-19

16. For a defendant who is a party to an action brought on a collective basis to be held liable, the Government must prove, with respect to a type of tobacco product involved in the action, that

(1)  the defendant failed in the duty to abide by the rules of conduct, to which the defendant is bound in the circumstances and according to usage or law, in respect of persons in Québec who have been or might become exposed to the type of tobacco product;

(2)  exposure to the type of tobacco product may cause or contribute to a disease or the general deterioration of a person’s health; and

(3)  the type of tobacco product manufactured by the defendant was offered for sale in Québec during all or part of the period of the failure.

2009, c. 34, s. 16.