What constitutes a breach of duty under the Health and Safety Executive Act?

British Columbia, Canada


The following excerpt is from British Columbia v. Imperial Tobacco Canada Ltd., 2004 BCCA 269 (CanLII):

In summary, where the breach of duty is defective manufacture, a failure to warn, or a misrepresentation about the product, and the product is sold in British Columbia, Moran v. Pyle establishes that the breach occurs in British Columbia; and that is so whether the breach is described as a tort committed in British Columbia, as in para. (a), or as a common law, equitable or statutory breach of a duty owed to persons in British Columbia, as in para. (b). If the breach on which the government action rests occurs in British Columbia, as in my opinion is required by this Act, then in my opinion the Act is not in pith and substance extra-territorial, but is instead in pith and substance intra-territorial.

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