British Columbia Court has Jurisdiction over Claim for Tobacco Damages


The latest decision in the attempt by the government of British Columbia to sue several tobacco companies for damages and health care costs is British Columbia v Imperial Tobacco Canada Ltd [2006] BCJ No 2080 (CA) (available here).  The decision provides a good review of the enacting of the Tobacco Damages and Health Care Costs Recovery Act by the government and the litigation thereunder.  The British Columbia Court of Appeal rejects several jurisdictional challenges by the defendants and also rejects a motion for a stay based on forum non conveniens.