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

Section 23 Disposition versions

2023-11-02

23. 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 be exposed to a type of opioid products is deemed to be a common failure committed by two or more manufacturers, wholesalers or consultants, whether or not the manufacturers, wholesalers or consultants are defendants in the action, if

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

(2)  the manufacturers, wholesalers or consultants 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.

2023, c. 25, s. 23.