Knight v. Imperial Tobacco Canada

A class action lawsuit by buyers of light cigarettes against Imperial Tobacco Canada included the government of Canada as a third party. Imperial claimed that the Canadian government played a critical role in encouraging smokers to switch to light and mild cigarettes by developing and promoting strains of tobacco used in light and mild cigarettes and dictating the warnings printed on the cigarette packages. Imperial sought to recover from Canada reimbursement of any money that it may be found liable to pay to class members. In this decision, the court ruled that the government of Canada is immune from liability, in part because it was engaged in the making of policy through regulation of its health programs. The court found that the Crown is immune from liability to either the consumer or to Imperial Tobacco and struck the claim against it.

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Knight v. Imperial Tobacco Canada Limited, 2007 BCSC 964 (2007).

  • Canada
  • Jul 3, 2007
  • Supreme Court of British Columbia

Parties

Plaintiff Kenneth Knight

Defendant Imperial Tobacco Canada Limited

Third Party

  • Her Majesty The Queen in Right of Canada

Legislation Cited

Business Practices and Consumer Protection Act of British Columbia, 2004

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None