Laws Guide
Guide to international laws and legal issues including probate, bankruptcy, criminal law, consumer liability and medical malpractice.
Tax Evasion
Legally, anyone that avoids paying taxes is guilty of tax evasion. Sometimes, taxpayers that make simple errors on their tax returns can be held liable for penalties, however, the IRS usually chooses to go after those that repeatedly fail to pay their fair share of taxes.
Indian Casino Gambling Law
Indian reservations have less restrictive laws when it comes to the sale of tobacco as well as gambling, however, the National Indian Gaming Commission needs to make sure that reservation casinos are in compliance with federal laws. With more and more Indian run casinos opening each year, it is important to know how your wagers will fair.
False Advertising Lawsuits
Companies that make false claims harm their consumers as much as their reputations. In order to avoid becoming a victim you should always do a comprehensive search on the history of any companies that make particularly bold claims.
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Home · News · Tobacco Industries Lose In Canadian Supreme Court
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Tobacco Industries Lose In Canadian Supreme Court
The Supreme Court of Canada has ruled against two major tobacco companies shifting the liability of health problems related to tobacco from the government to the tobacco producers. In a unanimous vote the court ruled that the government is not responsible for deaths or illness related to the use of tobacco products. Tobacco companies can now be held liable for any health expenses incurred by users of their products.Citizens had filed a lawsuit against Imperial Tobacco Canada Ltd. alleging that they caused deaths and illnesses by falsely advertising their light or mild products as being a "healthier alternative." Imperial pleaded with the Supreme Court saying that if they are liable, Canada itself must also be liable for allow advertising that is misleading and negligent. The company also claimed that Canada was manufacturer under the Trade Practices Act and the Business Practices and Consumer Protection Act.
All of Imperial Tobacco's arguments were rejected by the Supreme Court citing that their only connection was in making statements that cigarettes that are lower in tar are less hazardous. While the Canadian government did encourage the making and using of light cigarettes to reduce the number of tobacco related health problems, the court ruled that was not proof of culpability. The government only urged those who were going to continue to smoke to switch to a cigarette that had lower tar content.
At the same time, the court also ruled that individual provinces have the right to sue the tobacco companies to recoup expenses from treating these types of illnesses. Because Canada has national healthcare, every province pays the expenses for their citizens medical bills. This new ruling has paved the way for lawsuits that could be worth billions of dollars. British Columbia tried to recover expenses for tobacco related medical costs against 14 companies in 2001. While the court did allow the claims to proceed, they failed to make a ruling on them.
29.07.2011. 11:41