The first, torts, deals with injuries to family members caused by the smoking of other family members. The second relates to marital breakdown, where ETS and smoking patterns may impact upon child custody, child access and adoption. Each is considered. Law Torts are legal wrongs done to another. They are civil rather than criminal wrongs.
Negligence occurs when unreasonable risk is created.
The non-smoking father, a bus driver, is informed of the asthma attack while at work. As a direct consequence he becomes distracted and crashes the school bus he was driving, killing a school child and sending the father to hospital. In this scenario the child, the father and the province are likely the foreseeable victims, but the school child is not. Recovery depends on foreseeability with respect to the victim and the injury. So while the father is foreseeable with respect to some potential damage, he likely is not foreseeable with respect to the auto accident.