What is the test for severance of liability under the Health and Social Care Act?

British Columbia, Canada


The following excerpt is from R. v. Imperial Tobacco Canada Ltd., 2003 BCSC 877 (CanLII):

The problem does not lend itself to severance. At best perhaps some form of reading down to impose a territorial limitation on acts and conduct to confine the effect of the Act to a true Moran v. Pyle, supra, type of liability would be required. The heart of the Act is the unique statutory cause of action permitting the Province, as a third party, to recoup the substantial health costs it has incurred in care and treatment of tobacco related disease and illness from the broad spectrum of the global tobacco industry.

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