Jump to full article: St. John's (Nfl) Telegram (ca), 2009-11-19
Author: BARB SWEET The Telegram
Intro: If an attempt at certifying a class-action lawsuit over light tobacco products goes up in smoke at the Supreme Court of Appeal, it will not only hurt smokers and ex-smokers, but could affect all consumers.
An appeal court panel of justices - Margaret Cameron, Gail Welsh and Charles White - began hearing the case Wednesday and it continues today.
Lawyer Ches Crosbie is challenging a decision by the Supreme Court of Newfoundland and Labrador which said the class action couldn't be certified because consumers didn't buy their "light" and "mild" tobacco products directly from Imperial Tobacco Canada Ltd.
Crosbie is accusing the company - which has the largest tobacco sales in this province - of violating provincial trade practices legislation.
Rob Cunningham, an Ottawa lawyer for the Canadian Cancer Society who is observing the case, said if the certification doesn't go ahead, it will set a precedent for many consumer products, which are not commonly bought from their manufacturer.
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