SCC Case Information
Attorney General of Canada v. Her Majesty the Queen in Right of British Columbia, et al.
(British Columbia) (Civil) (By Leave)
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Constitutional law - Division of powers - Interjurisdictional immunity - Civil procedure - Third party claims - Striking of third party notices - Crown law - Crown liability - Crown immunity - Legislation - Interpretation - Torts - Duty of care - Negligence - Whether the claims alleging negligent misrepresentation in the third party notices should have been struck - Whether the Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, c. 30, is constitutionally inapplicable to the federal Crown because the latter is constitutionally immune from liability under the Act - Whether it is plain and obvious that the following claims against Canada are doomed to fail: (a) Canada can be liable as a “manufacturer” under the Damages and Health Care Costs Recovery Act, by virtue of the federal Crown Liability and Proceedings Act, R.S.C. 1985, c. C 50; (b) Canada breached private law duties of care to Imperial for failure to warn and negligent design; (c) Canada breached private law duties of care to consumers for negligent misrepresentation, negligent design and failure to warn; and (d) Canada can be liable to indemnify the respondents under the doctrine of equitable indemnity.
The Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, c. 30, authorizes the government of British Columbia to bring an action against manufacturers of tobacco products for the recovery of the costs incurred in the treatment and care of individuals with diseases contracted through exposure to tobacco products. The B.C. Government commenced an action against various tobacco manufacturers. Many of the respondents commenced third party proceedings against the appellant Canada, seeking contribution and indemnity. Canada applied to strike out the third party notices as disclosing no reasonable cause of action.