R-2.2.0.0.01 - Opioid-related Damages and Health Care Costs Recovery Act

Section 19 Disposition versions

2023-11-02

19. 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 the type of opioid products 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 be exposed to that type of opioid products;

(2)  exposure to that type of opioid products may cause a person to suffer, or contribute to their suffering, a disease, injury or illness; and

(3)  the type of opioid products manufactured or promoted by the defendant was distributed or offered for sale in Québec during all or part of the period of the failure.

2023, c. 25, s. 19.