Tobacco Related Diseases
This class action seeks to compensate smokers and ex-smokers who have developed a tobacco-related disease due to the wrongdoing of three tobacco companies:
-Rothmans Benson & Hedges
This action also seeks to compensate the heirs of those smokers and ex-smokers.
If you have any questions about the tobacco class action, please contact us at firstname.lastname@example.org.
This class action is ongoing. We are waiting for a decision from the Court of Appeal in 2017 or 2018.
We do not know yet:
-If smokers, ex-smokers and their heirs will be compensated.
-If they are compensated, how much money they will receive and when they will receive it.
If you are part of this class action but you have not registered yet, it is not too late to register.
Conditions to be part of this class action
This class action does not concern every smoker or ex-smoker. It also does not concern every smoker’s heir.
A. Have you developed a tobacco-related disease?
You are part of this class action if you meet the following 4 conditions:
1.You have smoked at least 87,600 cigarettes before November 20th, 1998 – the day this class action was filed with the court.
-throat cancer (larynx, oropharynx or hypopharynx), and;
3.You received the diagnosis for this disease before March 12th, 2012.
4.You lived in Quebec at the time of the diagnosis.
B. Have you lost someone who had a tobacco-related disease?
You are part of this class action if you respect the following 3 conditions:
1.The person you have lost respected the 4 conditions listed at paragraph A above.
2.This person died after November 20th, 1998 – the day this class action was filed with the court.
3.You are this person’s heir.
We will keep you informed when there are new developments with the case.
If you have registered already, you do not need to register again.
If you have not registered yet, fill in the registration form.
Summary of the trial
The tobacco companies have been sentenced by the Superior Court
On May 27th, 2015, the court ordered the 3 tobacco companies to pay the tobacco victims over $15 billion.
The judge found that the 3 tobacco companies did not respect the following legal obligations:
-Their general obligation not to harm other persons.
-Their obligation to inform their clients of the risks and dangers of smoking the cigarettes they made.
-Their obligation not to give false or misleading information about the cigarettes they made.
The judge also found that the tobacco companies did not respect several of their clients’ fundamental rights:
-The right to life
-The right to personal security
-The right to dignity and inviolability of the person.
After losing in Superior Court, the tobacco companies decided to take the case to the Court of Appeal.
We are waiting for the Cour of Appeal’s decision
The hearing at the Court of Appeal took place in November 2016.
We are now waiting for the judges to make their decision. This case is important and complicated, so the judges need some time. We might have to wait until 2018.
If you are registered for the class action, we will send you an email when the judges have made their decision.
Even if smokers, ex-smokers, and their heirs win at the Court of Appeal, the tobacco companies could go up to the Supreme Court. We too could decide to go to the Supreme Court if we lose. In that case, it may take another few years before this class action is over.
To learn more
To learn more about the trial’s major events, you can read the blog Eye on the Trials.
You can also read what we pleaded at the Court of Appeal (in French only).