jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The Crown in right of Ontario has a direct and distinct action against a manufacturer, wholesaler or consultant to recover the cost of health care benefits caused or contributed to by an opioid-related wrong. 2019, c. 17, Sched. 2, s. 2 (1); 2023, c. 21, Sched. 9, s. 2. Action not subrogated (2) An action under subsection (1) is brought by the Crown in right of Ontario in its own right and not on the basis of a subrogated claim. 2019, c. 17, Sched. 2, s. 2 (2). Action independent of recovery by others (3) In an action under subsection (1), the Crown in right of Ontario may recover the cost of health care benefits whether or not there has been any recovery by other persons who have suffered damage caused or contributed to by the opioid-related wrong committed by the defendant. 2019, c. 17, Sched. 2, s. 2 (3). Recovery for individuals or on aggregate basis (4) In an action under subsection (1), the Crown in right of Ontario may recover the cost of health care benefits, (a)  for particular individual insured persons who have suffered damage caused or contributed to by the use of or exposure to a type of opioid product; or (b)  on an aggregate basis, for a population of insured persons who have suffered damage caused or contributed to by the use of or exposure to a type of opioid product. 2019, c. 17, Sched. 2, s. 2 (4). Action brought on aggregate basis (5) If the Crown in right of Ontario seeks in an action under subsection (1) to recover the cost of health care benefits on an aggregate basis, (a)  it is not necessary, (i)  to identify particular individual insured persons, (ii)  to prove the cause of opioid-related disease, injury or illness in any particular individual insured person, or (iii)  to prove the cost of health care benefits for any particular individual insured person; (b)  the health care records and documents of particular individual insured persons or the documents relating to the provision of health care benefits for particular individual insured persons are not compellable except as provided under a rule of law, practice or procedure that requires the production of documents relied on by an expert witness; (c)  a person is not compellable to answer questions with respect to the health of, or the provision of health care benefits for, particular individual insured persons; (d)  despite clauses (b) and (c), on motion by a defendant, the court may order discovery of a statistically meaningful sample of the documents referred to in clause (b), and the order shall include directions concerning the nature, level of detail and type of information to be disclosed; and (e)  if an order is made under clause (d), the identity of particular individual insured persons shall not be disclosed, and all identifiers that disclose or may be used to trace the names or identities of any particular individual insured persons shall be deleted from any documents before the documents are disclosed. 2019, c. 17, Sched. 2, s. 2 (5). Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 2 - 04/12/2023
2.1 (1) The Crown in right of Canada has a direct and distinct action against a manufacturer, wholesaler or consultant to recover the cost of health care benefits caused or contributed to by an opioid-related wrong. 2023, c. 21, Sched. 9, s. 3. Action not subrogated (2) An action under subsection (1) is brought by the Crown in right of Canada in its own right and not on the basis of a subrogated claim. 2023, c. 21, Sched. 9, s. 3. Action independent of recovery by others (3) In an action under subsection (1), the Crown in right of Canada may recover the cost of health care benefits whether or not there has been any recovery by other persons who have suffered damage caused or contributed to by the opioid-related wrong committed by the defendant. 2023, c. 21, Sched. 9, s. 3. Recovery for individuals or on aggregate basis (4) In an action under subsection (1), the Crown in right of Canada may recover the cost of health care benefits, (a)  for particular individual insured persons who have suffered damage caused or contributed to by the use of or exposure to a type of opioid product; or (b)  on an aggregate basis, for a population of insured persons who have suffered damage caused or contributed to by the use of or exposure to a type of opioid product. 2023, c. 21, Sched. 9, s. 3. Action brought on aggregate basis (5) If the Crown in right of Canada seeks in an action under subsection (1) to recover the cost of health care benefits on an aggregate basis, (a)  it is not necessary, (i)  to identify particular individual insured persons, (ii)  to prove the cause of opioid-related disease, injury or illness in any particular individual insured person, or (iii)  to prove the cost of health care benefits for any particular individual insured person; (b)  the health care records and documents of particular individual insured persons or the documents relating to the provision of health care benefits for particular individual insured persons are not compellable except as provided under a rule of law, practice or procedure that requires the production of documents relied on by an expert witness; (c)  a person is not compellable to answer questions with respect to the health of, or the provision of health care benefits for, particular individual insured persons; (d)  despite clauses (b) and (c), on motion by a defendant, the court may order discovery of a statistically meaningful sample of the documents referred to in clause (b), and the order shall include directions concerning the nature, level of detail and type of information to be disclosed; and (e)  if an order is made under clause (d), the identity of particular individual insured persons shall not be disclosed, and all identifiers that disclose or may be used to trace the names or identities of any particular individual insured persons shall be deleted from any documents before the documents are disclosed. 2023, c. 21, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 3 - 04/12/2023
3 (1) In an action under subsection 2 (1) or 2.1 (1) for the recovery of the cost of health care benefits on an aggregate basis, subsection (2) applies if the Crown in right of Ontario or the Crown in right of Canada, as the case may be, proves, on a balance of probabilities, that, in respect of a type of opioid product, (a)  the defendant breached a common law, equitable or statutory duty or obligation owed to insured persons who have used or been exposed to or might use or be exposed to the type of opioid product; (b)  using the type of opioid product can cause or contribute to disease, injury or illness; and (c)  during all or part of the period of the breach referred to in clause (a), the type of opioid product, manufactured or promoted by the defendant, was offered for distribution or sale in Ontario. 2019, c. 17, Sched. 2, s. 3 (1); 2023, c. 21, Sched. 9, s. 4. Presumptions (2) Subject to subsections (1) and (4), the court shall presume that, (a)  the population of insured persons who used or were exposed to the type of opioid product manufactured or promoted by the defendant would not have used or been exposed to the product but for the breach referred to in clause (1) (a); and (b)  the use or exposure described in clause (a) of this subsection caused or contributed to disease, injury or illness or the risk of disease, injury or illness in a portion of the population described in that clause. 2019, c. 17, Sched. 2, s. 3 (2). Effect of presumptions (3) If the presumptions under clauses (2) (a) and (b) apply, (a)  the court shall determine on an aggregate basis the cost of health care benefits provided after the date of the breach referred to in clause (1) (a) resulting from use or exposure to the type of opioid product; and (b)  each defendant to which the presumptions apply is liable for the proportion of the aggregate cost referred to in clause (a) of this subsection equal to its market share in the type of opioid product. 2019, c. 17, Sched. 2, s. 3 (3). Reduction or readjustment (4) The amount of a defendant’s liability assessed under clause (3) (b) may be reduced, or the proportions of liability assessed under clause (3) (b) readjusted among the defendants, to the extent that a defendant proves, on a balance of probabilities, that the breach referred to in clause (1) (a) did not cause or contribute to the use or exposure referred to in clause (2) (a) or to the disease, injury or illness or risk of disease, injury or illness referred to in clause (2) (b). 2019, c. 17, Sched. 2, s. 3 (4). Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 4 - 04/12/2023
4 (1) Two or more defendants in an action under subsection 2 (1) or 2.1 (1) are jointly and severally liable for the cost of health care benefits if, (a)  those defendants jointly breached a duty or obligation described in the definition of “opioid-related wrong” in subsection 1 (1); and (b)  as a consequence of the breach described in clause (a), at least one of those defendants is held liable in the action under subsection 2 (1) or 2.1 (1) for the cost of those health care benefits. 2023, c. 21, Sched. 9, s. 5. Joint breach (2) For purposes of an action under subsection 2 (1) or 2.1 (1), two or more manufacturers, wholesalers or consultants, whether or not they are defendants in the action, are deemed to have jointly breached a duty or obligation described in the definition of “opioid-related wrong” in subsection 1 (1) if, (a)  one or more of those manufacturers, wholesalers or consultants are held to have breached the duty or obligation; and (b)  at common law, in equity or under an enactment, those manufacturers, wholesalers or consultants would be held, (i)  to have conspired or acted in concert with respect to the breach, (ii)  to have acted in a principal and agent relationship with each other with respect to the breach, or (iii)  to be jointly or vicariously liable for the breach if damages would have been awarded to a person who suffered damages as a consequence of the breach. 2023, c. 21, Sched. 9, s. 5. Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 5 - 04/12/2023
4.1 (1) A director or officer of a corporation who directs, authorizes, assents to, acquiesces in or participates in an opioid-related wrong committed by the corporation is jointly and severally liable with the corporation for the cost of health care benefits, or for damages, caused or contributed to by the opioid-related wrong. 2023, c. 21, Sched. 9, s. 5. Application (2) Subsection (1) applies whether or not an action against the corporation for recovery of the cost of health care benefits, or for damages, has been commenced or concluded. 2023, c. 21, Sched. 9, s. 5. Exception, reasonable diligence (3) A director or officer is not liable under subsection (1) if the director or officer proves, on a balance of probabilities, that the director or officer, (a)  did not know, and in the exercise of reasonable diligence could not have known, that the corporation was committing an opioid-related wrong; or (b)  exercised reasonable diligence to prevent the corporation from committing the opioid-related wrong. 2023, c. 21, Sched. 9, s. 5. Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 5 - 04/12/2023
5 Statistical information and information derived from epidemiological, sociological and other relevant studies, including information derived from sampling, is admissible as evidence for the purposes of establishing causation and quantifying damages or the cost of health care benefits respecting an opioid-related wrong in an action, (a)  brought by or on behalf of a person, in the person’s own name or as a member of a class of persons under the Class Proceedings Act, 1992; (b)  under subsection 2 (1); or (c)  under subsection 2.1 (1). 2019, c. 17, Sched. 2, s. 5; 2023, c. 21, Sched. 9, s. 6. Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 6 - 04/12/2023
6 (1) No proceeding that is commenced by the Crown in right of Ontario for the recovery of the cost of health care benefits, or for damages, alleged to have been caused or contributed to by an opioid-related wrong, or proceeding described in section 11, is barred under the Limitations Act, 2002 or any other Act, if the proceeding was commenced before December 12, 2019 or within 15 years after that date. 2019, c. 17, Sched. 2, s. 6 (1); 2023, c. 21, Sched. 9, s. 7 (1). Same (1.1) The following proceedings are not barred under the Limitations Act, 2002 or any other Act if they were commenced before the coming into force of subsection 7 (2) of Schedule 9 to the Building a Strong Ontario Together Act (Budget Measures), 2023 or within 15 years after it came into force: 1.  A proceeding for the recovery of the cost of health care benefits alleged to have been caused or contributed to by an opioid-related wrong that is commenced by the Crown in right of Canada. 2.  A proceeding that includes a claim for the recovery of the cost of health care benefits alleged to have been caused or contributed to by an opioid-related wrong that is commenced by the Crown in right of a province of Canada or the Government of a territory of Canada on behalf of a class or proposed class of which the Crown in right of Canada is a member or proposed member. 2023, c. 21, Sched. 9, s. 7 (2). Certain proceedings revived (2) A proceeding described in subsection (1) for the recovery of the cost of health care benefits, or for damages, alleged to have been caused or contributed to by an opioid-related wrong is revived if the proceeding was dismissed before December 12, 2019 merely because it was held by a court to be barred under or extinguished by the Limitations Act, 2002 or any other Act. 2019, c. 17, Sched. 2, s. 6 (2); 2023, c. 21, Sched. 9, s. 7 (3). Same (3) A proceeding described in subsection (1.1) for the recovery of the cost of health care benefits alleged to have been caused or contributed to by an opioid-related wrong is revived if the proceeding was dismissed before the coming into force of subsection 7 (4) of Schedule 9 to the Building a Strong Ontario Together Act (Budget Measures), 2023 merely because it was held by a court to be barred under or extinguished by the Limitations Act, 2002
or any other Act. 2023, c. 21, Sched. 9, s. (4). Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 7 (1-4) - 04/12/2023
8 (1) This section does not apply to a defendant in respect of whom the court has made a finding of liability under section 7. Action or proceeding for contribution (2) A defendant who is found liable for an opioid-related wrong may commence, against one or more of the defendants found liable for that wrong in the same action, an action or proceeding for contribution toward the cost of health care benefits or the payment of damages caused or contributed to by that wrong. Action or proceeding may be commenced even if damages or costs not paid (3) Subsection (2) applies whether or not the defendant commencing an action or proceeding under that subsection has paid all or any of the cost of health care benefits or the damages caused or contributed to by the opioid-related wrong. Apportioning liability and contributions: factors (4) In an action or proceeding described in subsection (2), the court may apportion liability and order contribution among each of the defendants in accordance with the considerations listed in subsection 7 (3).
9 The Lieutenant Governor in Council may make regulations, (0.a)  prescribing active ingredients for the purposes of the definition of “active ingredient” in subsection 1 (1); (a)  prescribing drugs for the purposes of clause (a) of the definition of “opioid product” in subsection 1 (1); (b)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. 2019, c. 17, Sched. 2, s. 9; 2023, c. 21, Sched. 9, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 9 (1, 2) - 04/12/2023
10 A provision of this Act has the retroactive effect necessary to give the provision full effect for all purposes, including allowing an action to be brought under subsection 2 (1) or 2.1 (1) arising from an opioid-related wrong, whenever the opioid-related wrong occurred. 2019, c. 17, Sched. 2, s. 10; 2023, c. 21, Sched. 9, s. 10. Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 10 - 04/12/2023
11 If a proceeding that includes a claim for the recovery of the cost of health care benefits, or for damages, alleged to have been caused or contributed to by an opioid-related wrong is commenced by the Crown in right of Canada, the Crown in right of a province of Canada or the Government of a territory of Canada on behalf of a class or proposed class of which the Crown in right of Ontario is a member or proposed member and is ongoing as of December 12, 2019, any such claim made on behalf of Ontario shall be subject to this Act, other than those provisions or portions of this Act constituting procedural law, in accordance with the rules regarding conflict of laws. 2019, c. 17, Sched. 2, s. 11; 2023, c. 21, Sched. 9, s. 11. Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 9, s. 11 - 04/12/2023
12 (1) The Crown in right of Ontario may, under the Class Proceedings Act, 1992, commence an action under subsection 2 (1) on behalf of a class consisting of, (a)  one or more of the Crown in right of Canada, the Crown in right of a province of Canada and the Government of a territory of Canada; and (b)  a federal or provincial government payment agency that makes reimbursement for the cost of services that are in the nature of health care benefits within the meaning of this Act. Same (2) Nothing in subsection (1) prevents a member of the class described in that subsection from opting out of the class proceeding in accordance with the Class Proceedings Act, 1992.