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.
You can also contact us at 438-384-7230 or 1-888-880-1844.
Due to the large volume of requests that we are receiving, the response time can vary from a few weeks to several weeks. To help us reduce response time, send us an email with as much information as possible.
Delay to apply to the Supreme Court of Canada
An application for leave to appeal a judgment to the Supreme Court of Canada must be made within 60 days of a judgment.
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.
No request 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.
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, 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.
Procedures under the CCAA
At this time, CCAA proceedings are continuing in the Ontario Superior Court.
This law 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
You do not have to do anything at the moment
We will email you as soon as there are significant developments in this file.
Historic judgement of the Quebec Court of Appeal
Today, five judges of the Quebec Court of Appeal rendered a historic judgement 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.
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 between January 1, 1950 and November 20, 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 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.
Why are you not eligible?
You are sadly not eligible if you received your diagnosis after March 12, 2012, or if you are an heir to someone who died before November 20, 1998.
These dates are not random. November 20, 1998, marks the date of the filing of the initial claim in the class action. March 12, 2012, marks the beginning of the trial in the class action.
These dates were retained by the Superior Court after the lengthy trial he presided over and were confirmed by the Quebec Court of Appeal on March 1, 2019.
All class action must have class definitions. These definitions draw the line between those who are eligible and those who are not. The law and the mechanism of class actions require that line to be drawn, otherwise it is impossible to provide the evidence required in order to obtain a favorable judgment.
We want to emphasize that this exclusion has nothing to do with your suffering and that it is strictly a legal matter.
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.