The Government of British Columbia and a class of consumers brought separate actions against tobacco companies regarding the health impacts of smoking and 'light' cigarettes.
The tobacco companies issued third-party notices against the Government of Canada, claiming contribution and indemnity based on negligent misrepresentation, negligent design, failure to warn, and statutory liability.
Canada brought motions to strike the third-party claims for disclosing no reasonable cause of action.
The Supreme Court of Canada allowed Canada's appeals and struck all third-party claims.
The Court held that Canada's alleged representations and design decisions regarding low-tar cigarettes were core government policy decisions immune from tort liability.
Furthermore, Canada did not qualify as a 'manufacturer' or 'supplier' under the relevant provincial statutes.
