What is the current state of the law in the manufacturing sector in Canada?

British Columbia, Canada


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

The manufacturers' position is that this area of law is generally governed by the lex loci delecti rule. The purpose of such rule can be gleaned from the words of La Forest J. in Tolofson v. Jensen, [1994] 3 S.C.R. 1002 at paragraph 43: I have thus far framed the arguments favouring the lex loci delicti in theoretical terms. But the approach responds to a number of sound practical considerations. The rule has the advantage of certainty, ease of application and predictability. Moreover, it would seem to meet normal expectations. Ordinarily people expect their activities to be governed by the law of the place where they happen to be and expect that concomitant legal benefits and responsibilities will be defined accordingly. The government of that place is the only one with power to deal with these activities. The same expectation is ordinarily shared by other states and by people outside the place where an activity occurs. If other states routinely applied their laws to activities taking place elsewhere, confusion would be the result. In our modern world of easy travel and with the emergence of a global economic order, chaotic situations would often result if the principle of territorial jurisdiction were not, at least generally, respected. Stability of transactions and well grounded legal expectations must be respected. Many activities within one state necessarily have impact in another, but a multiplicity of competing exercises of state power in respect of such activities must be avoided.

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