Last Friday Philip Morris International filed the annual report required by the New York securities authorities. Nestled on page 21 of their 10K filing was a bit of news relevant to Canada:
"In the tenth health care cost recovery case filed in Canada, Her Majesty the Queen in Right of the Province of Nova Scotia v. Rothmans, Benson & Hedges Inc., et al., Supreme Court of Nova Scotia, Canada, filed January 2, 2015, we, our subsidiaries, our indemnitees (PM USA and Altria), and other members of the industry are defendants. The claim was filed by the government of the province of Nova Scotia based on legislation enacted in the province that is similar to the laws enacted in several other Canadian provinces. The legislation authorizes the government to file a direct action against cigarette manufacturers to recover the health care costs it has incurred, and will incur, as a result of a “tobacco related wrong.” In January 2015, we, our subsidiaries, and our indemnitees were served with the Statement of Claim. Preliminary motions and defenses will be filed in 2015, and discovery is scheduled to begin in 2017."
There seems to have been little fanfare around this event, although Nova Scotia promised when it proclaimed its legislation that it would file the suit by the end of the year.
Seventeen years after the first provincial government filed suit, the set is now complete. (See Table below)
Nova Scotia's Statement of Claim can be found here.
Current Canadian government lawsuits
The same corporate filing by Philip Morris International shows that a number of other large suits have fallen away, and that of the class action, health care recovery or public civil action suits now underway, a disproportionate number are in Canada. A brief description of those cases can be found here.
Nova Scotia's Statement of Claim can be found here.
Current Canadian government lawsuits
Jurisdiction
|
Enabling Legislation
|
Law passed
|
Suit filed
|
British Columbia
|
Tobacco Damages and Health Care Costs Recovery Act
|
1997, 1998, 2000
|
1998, 2001
|
New Brunswick
|
Tobacco Damages and Health Care Costs Recovery Act
|
2006
|
2008
|
Ontario
|
Tobacco Damages and Health Care Costs Recovery Act
|
2009
|
2009
|
Newfoundland
|
Act to Provide for the Recovery of Tobacco Related Health Care Costs
|
2001
|
2011
|
Alberta
|
Right of Recovery Act
|
2009
|
2012
|
Manitoba
|
Tobacco Damages and Health Care Costs Recovery Act
|
2006
|
2012
|
Prince Edward Island
|
Tobacco Damages and Health Care Costs Recovery Act
|
2009
|
2012
|
Quebec
|
Tobacco-related Damages and Health Care Costs Recovery Act
|
2009
|
2012
|
Saskatchewan
|
Tobacco Damages and Health Care Costs Recovery Act
|
2007
|
2012
|
Nova Scotia
|
Tobacco Damages and Health Care Costs Recovery Act
|
2005
|
2015
|
The same corporate filing by Philip Morris International shows that a number of other large suits have fallen away, and that of the class action, health care recovery or public civil action suits now underway, a disproportionate number are in Canada. A brief description of those cases can be found here.
