Owen James

Following the dismissal of the foreign tobacco defendants' jurisdictional appeals, the Court of Appeal determined the costs of the appeals.

The appellants argued that costs should be capped at $100,000, asserting that the Crown treated the five appeals as one by filing a common factum.

The Court rejected this argument, finding no $100,000 ceiling exists for costs awards in the Court of Appeal.

Given the complexity, the $50 billion stakes, and the necessity of responding to five separate appeals, the Court fixed the Crown's partial indemnity costs at $237,332.50, apportioned between the BAT and RJR appellants.

Ontario sued foreign and domestic tobacco manufacturers under the Tobacco Damages and Health Care Costs Recovery Act, 2009 to recover health care costs.

Six foreign defendants brought a motion to stay or dismiss the action for lack of jurisdiction, which was dismissed.

The foreign defendants appealed.

The Court of Appeal dismissed the appeal, finding that the statutory claim was analogous to a tort committed in Ontario, establishing a presumptive connecting factor under the Van Breda framework.

The Court also upheld the motion judge's findings that Ontario established a good arguable case and affirmed the costs award.