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

Section 21 Disposition versions

2009-06-19

21. Failure to abide by the rules of conduct to which they are bound in respect of the persons in Québec who have been or might become exposed to a type of tobacco product, is deemed to be a common failure committed by two or more tobacco product manufacturers, whether or not the manufacturers are defendants in the action, if

(1)  at least one of those manufacturers is held to have failed in its duty to abide by the rules of conduct; and

(2)  the manufacturers would be held under a law or a rule of law to have conspired, acted in concert or acted as each other’s representatives with respect to the failure, or to be solidarily, even vicariously, liable for the injury caused or contributed to by the failure in a civil action that awarded damages for the injury.

2009, c. 34, s. 21.