Skip to content
Licensed Unlicensed Requires Authentication Published by De Gruyter December 21, 2016

Lifestyle Torts, Market Manipulation and the Tobacco Industry: A Comment on Létourneau v JTI-MacDonald Corp

  • Marie-Eve Arbour EMAIL logo

Abstract

In a Canadian first, Quebec’s Superior Court handed down judgment in 2015 to hold three tobacco companies liable for damages sustained by smokers. Two class actions were joined for the purposes of the hearing: one gathering together victims who suffered actual diseases (Blais) and one encompassing smokers who complained of addiction to a dangerous product (Létourneau). Both significant and symbolic compensatory and punitive damages were awarded to the victims, after general causation was established on the basis of epidemiological evidence. Though still pending on appeal, the case is ground-breaking as it addresses important issues surrounding market manipulation, deceptive practices and the role of science within the adjudication process.

Acknowledgment

The case was discussed at the Third Seminar of the International Research Network on Technological Innovations, Uncertainty and the Law of Civil Liability ‘Incident, Crisis and Disaster’ held at the Université de Bretagne Orientale, in Brest (14–17 June 2016). The author acknowledges valuable research assistance by William Bérubé and Jean-Christophe Anderson, LLB candidates at the Laval Law Faculty, and funding from the Canadian Social Sciences and Humanities Research Council (SSHRC).

Published Online: 2016-12-21
Published in Print: 2016-12-1

© 2016 Walter de Gruyter GmbH, Berlin/Boston

Downloaded on 28.3.2024 from https://www.degruyter.com/document/doi/10.1515/jetl-2016-0016/html
Scroll to top button