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

Section 18 Disposition versions

2009-06-19

18. When the presumptions set out in section 17 apply, the court sets the cost of all the health care required following exposure to the category of tobacco products involved in the action and provided after the date of the defendant’s first failure.

Each defendant to whom the presumptions apply is liable for the costs in proportion to its market share in the type of product involved. That share, determined by the court, is equal to the relation between

(1)  the quantity of tobacco products of the type involved in the action that were manufactured by the defendant and that were sold in Québec between the date of the defendant’s first failure and the date of the action; and

(2)  the total quantity of tobacco products of the type involved in the action that were manufactured by all the manufacturers of those products and that were sold in Québec between the date of the defendant’s first failure and the date of the action.

2009, c. 34, s. 18.