Tobacco Related Diseases

This class action seeks to compensate certain smokers and ex-smokers who have developed a tobacco-related disease due to the wrongdoing of three tobacco companies:

-Imperial Tobacco

-Rothmans Benson & Hedges

-JTI MacDonald

This action also seeks to compensate the heirs of those smokers and ex-smokers.

Latest news

Conclusion of the mediation under the CCAA

A plan of arrangement was made public on October 17, 2024, which includes compensation for class members in the Quebec class actions. This plan will be submitted to a vote of creditors no later than December 12, 2024.

We support this Plan and are confident that almost all creditors will vote in favor of its adoption.

You don’t have to do anything at this stage. It is the lawyers of the class representatives who look after the interests of the class members, participate in the discussions and vote.

In the meantime, we want to ensure that the contact information of the people registered with us is up to date. If any changes are needed, please email Proactio, a service of Raymond Chabot, at “[email protected]” with your new contact information and your file number.

If you haven’t registered yet, fill out the registration form now.

For more information, please continue visit recourstabac.com, the website dedicated to the file.

Current efforts

Procedures under the CCAA

In March 2019, the tobacco companies placed themselves under the protection of the Companies’ Creditors Arrangement Act (“CCAA“) in an attempt to negotiate a comprehensive settlement of all claims against the tobacco companies.

In order to enable those negotiations, the class action in Quebec has been suspended while the CCAA proceedings are held in Ontario Superior Court. There is no maximum period of suspension under this law and we do not know when the suspension will be lifted. On March 26, 2024 the class action suspension was renewed until September 30, 2024. On September 30, 2024, the parties have agreed to a limited 30-day extension. The hearing of the tobacco companies’ extension requests has been postponed to October 31, 2024.

What is the CCAA?

The CCAA allows a company with significant debt to keep operating while restructuring their business, to help them partially pay back their debt. The Court grants protection to the company to allow it to reach a compromise with the people to whom it owes money.

Even though the tobacco companies have placed themselves under the protection of the CCAA, this does not mean they are bankrupt.

We continue to represent the members

We will continue to represent the class members for all proceedings under the CCAA.

We are doing everything possible to ensure that it progresses as quickly as possible. Despite the seemingly endless delays, we still believe that mediation is the best way to reach an agreement in which your interests are protected.

If you have any questions about the tobacco class action, please contact us at [email protected].

Due to the large volume of messages that we are receiving, the response time can vary from a few weeks to several weeks.

Historic judgment of the Quebec Court of Appeal

On March 1, 2019, five judges of the Quebec Court of Appeal rendered a historic judgment of almost $14 billion and upheld the no less historic ruling of the Superior Court that the tobacco industry (Imperial Tobacco, Rothmans, Benson & Hedges and JTI-MacDonald) had systematically lied distorted the truth, minimized and trivialized the dangers of tobacco for more than 50 years.

The Appeal Court confirmed that the tobacco companies had collectively perfected a program of disinformation aimed at undermining all information contrary to their interests. The court also found that the companies had intentionally and in bad faith created a false scientific controversy and used misleading publicity strategies with the goal of deceiving the public.

With this judgment, the 100,000 Quebec victims who are class members in the Blais class and who have been diagnosed with lung cancer, throat cancer or emphysema are entitled to compensation.

The Court of Appeal also recognized that there was a legitimate cause of action in the class action case named for Cecilia Létourneau. The Appeal Court confirmed that it was a product without real benefits except to satisfy the addiction it causes.

To read the summary of the Court of Appeal decision, click here.

No request to the Supreme Court of Canada within the deadline

None of the three tobacco companies applied for leave to appeal the judgment to the Supreme Court of Canada prior to the expiry of the deadline.

After a decision rendered by the Quebec Court of Appeal, a party can appeal this decision to the Supreme Court of Canada. To do this, an application for leave to appeal from a judgment to the Supreme Court of Canada must be made within 60 days of a judgment. If at the end of this period no application has been filed, then the judgment of the Court of Appeal becomes final.

The judgment of the Quebec Court of Appeal ordering tobacco companies to pay billions of dollars to the tobacco victims was rendered on March 1, 2019. The 60-day period expired on April 30, 2019.

We consider that the right to seek leave to appeal to the Supreme Court of Canada after April 30, 2019 is therefore non-existent.

However, tobacco companies have put themselves under the protection of the Companies’ Creditors Arrangement Act (“CCAA“) in an attempt to negotiate a settlement. On April 23, 2019, Judge McEwen of the Ontario Superior Court issued an order under the CCAA in which he concluded:

-that he could suspend the 60-day period for seeking leave to appeal to the Supreme Court of Canada;

-that he suspended this period under until the CCAA further notice;

To the extent that no settlement has been reached, tobacco companies may attempt to invoke the suspension to make a late application for leave to appeal to the Supreme Court of Canada when the CCAA proceedings are terminated.

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 between January 1, 1950 and November 20, 1998 – the day this class action was filed with the court.

For example, you have smoked 20 cigarettes a day for 12 years (20 x 365 x 12 = 87,600) or 10 cigarettes a day for 24 years (10 x 365 x 24 = 87,600).

2.You have developed one of the following diseases:

-lung cancer;

-throat cancer (larynx, oropharynx or hypopharynx), and;

-emphysema.

3.You received the diagnosis for this disease before  March 12, 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 20, 1998 – the day this class action was filed with the court.

3.You are this person’s heir.

If you are part of this class action but you have not registered yet, it is not too late to register.

Registration form

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.

If you have any questions about the tobacco class action, please contact us at [email protected].

You can also contact us at 438-384-7230 or 1-888-880-1844.

Due to the large volume of messages that we are receiving, the response time can vary from a few weeks to several weeks.