Event

Quebec judge rejects agreement between federal government and plaintiffs in the recours collectifs.  Ruling.

Deadline by which any class member in the recours collectifs must submit comments or opposition to the agreement reached between the federal government and the plaintiffs.

Northwest Territories legislature gives assent to Bill 23, Tobacco Damages and Health Care Costs Recovery lawsuit.

Bill 23, Tobacco Damages and Health Care costs Recovery lawsuit introduced in Northwest Territories legislature.  Debated on August 23

Supreme Court of Canada rules that the federal government cannot be held as a third party in the B.C. health care cost recovery suit nor the 'Knight" case.  ruling

Federal government reaches a tentative agreement with the plaintiffs in the two Quebec recours collectifs.  The plaintiffs agree to waive any damages that might be paid by the federal government; in return the federal government agrees to collaborate with the plaintiffs and provide $1.6 million dollars 

Notiice to class members.  Settlement with Federal government  (French Only)

Manitoba and Nova Scotia announce that they will be pursuing medicare cost recovery lawsuits against the tobacco industry, and that they will be hiring the same consortium of law firms engaged by New Brunswick.  (Nova Scotia Press Release) (Manitoba Press Release)

PostMedia reports that  Imperial Tobacco has filed a third party notice against 18 native tobacco manufacturers and distributors. (Montreal Gazette. June 17, 2011)

Nova Scotia issues a new tobacco strategy which includes goals for litigation.

4.1 Explore taking legal action against tobacco manufacturers for its unlawful activities leading to increased tobacco use. The aims of such
litigation might be:
a) to recover costs associated with the past harms promulgated by the tobacco industry on the population of Nova Scotia,
b) to understand the scope of the industry’s misconduct in the past and in the present, and
c) to support new public health tobacco control measures to prevent tobacco manufacturers from being able to attract new users and retain
existing smokers.

 Strategy.

Supreme Court of Canada hears appeals and cross appeals of decision to include/exclude the federal government from the B.C. cost recovery suit and the Knight case.  Webcast Hearing

Newfoundland files a statement of claim against tobacco companies. News release.

Supreme Court of Canada grants intervenor status to Ontario and New Brunswick in its review of third party claims in the B.C. cases.  For information click here. 

Factums tabled in Supreme Court in two B.C. cases. (These can also be found on the SCC site

• Federal government
  (BC Health Care Damages, 33563 Factum -and Cross Respondent Factum)
  (Knight Case, 33559, Factum and Cross Respondent Factum )

• B.C. Government. 33563 - Cross Respondent Factum

• JTI MacDonald (33563 BC)

• Carreras-Rothmans (33563 BC)

• BAT Industries  (33563 BC; Supplemental)

• Imperial Tobacco Canada (33563 BC; supplemental)
  (33559 - Knight)

• Rothmans, Benson & Hedges (33563 BC; supplemental)

Supreme Court of Canada dismisses leave to appeal to the tobacco industry, and upholds the validity of the New Brunswick contingency fee arrangement. Decision. For other court documents click here

Alberta announces that it plans to launch a health care costs recovery action.

Supreme Court of Canada grants leave to appeal to the federal government and tobacco companies with respect to the December 8, 2009 judgement of the B.C. Court of Appeal on the inclusion of the government as a third party in the Knight class action and B.C. damages recover suits.

Settlement reached between Canada's 10 provinces and the federal government and Japan Tobacco for $550 million. JTI pleads guilty to one offence under the Excise Act, and is fined $150 million, with a similar plea and fine of $75 million to Northern Brands.  Backgrounder

The Newfoundland and Labrador Court of Appeal denied class action certification in the Sparkes v. Imperial Tobacco Canada Ltd. "lights" class action.  Judgement

The federal government asks the Supreme Court of Canada for permission to appeal the December 8, 2009 judgments of the B.C. Court of Appeal. A cross appeal is filed by the tobacco companies

Prince Edward Island's Tobacco Damages and Health Care Costs Recovery Act receives Royal Assent.

B.C. Court of Appeal rules in favour of tobacco industry third party claim against the federal government in both the Knight and B.C. government actions.

Prince Edward Island tables legislation to allow government lawsuits against tobacco companies for past wrongdoing. 

Quebec asks the court to dismiss the challenge against its Bill 43.
Motion

Ontario files a statement of claim for $50 billion.

Imperial Tobacco, JTI_Macdonald and RBH file a constitutional challenge against Quebec's Bill 43. 
Motion to institute proceedings for declaratory judgment

New Brunswick authority to use contingency fee basis for lawsuit  is upheld when Court of Queen's Bench Judge Thomas Cyr rejected a preliminary motion filed by 15 tobacco companies named in the lawsuit that sought to remove the team of lawyers representing the province.

Quebec law Tobacco-related Damages and Health Care Costs Recovery Act (Bill 43) comes into force.

Winnipeg Free Press reports that Deborah Kunka has filed a class-action suit alleging the industry has intentionally misled the public about the health effects of smoking and targets children to maintain their profits. Representing her is Regina lawyer Tony Merchant. Newstory

B.C. Court of Appeal hears arguments to overturn decisions rejecting "Third Party" claims against Health Canada in Knight and B.C. Government lawsuits.

Ontario's Tobacco Damages and Health Care Costs Recovery Act receives Royal Assent. Bill

Quebec government introduces Tobacco-related Damages and Health Care Costs Recovery Act (Bill 43). Bill

Alberta introduces the Right of Recovery Act. Bill

PEI premier Ghiz tells reporters that PEI may join New Brunswick's lawsuit, and that enabling legislation may be introduced this session. News story

Ontario government introduces Bill 155, Tobacco Damages and Health Care Costs Recovery Act.

Government of Canada and all 10 provinces reach an agreement with Imperial Tobacco and Rothmans Benson and Hedges to settle claims arising from smuggling during the 1990s. Further work on criminal prosecution is dropped. Press release.  Agreement with RBH.  Agreement with ITL Agreement amongst provinces

 B.C. Supreme Court dismissed third party claim against the government of Canada by tobacco companies sued by B.C. government.  ruling

New Brunswick files suit against tobacco companies operating in Canada. Statement of claim, Notice of action

JTI-Macdonald files "action in warranty" (similar to 3rd party) for Letourneau and Blais cases.

Imperial Tobacco files "action in warranty" (similar to 3rd party) for Letourneau and Blais cases.

Rothmans Benson and Hedges files "action in warranty" (similar to 3rd party)

Ontario Superior Court resinstates fraud and conspiracy charges against six accused (in addition to Edward Lang), originally dropped in May 2007. Ruling

The B.C. Supreme Court rejects the Third Party Notice issued by Imperial Tobacco to the Government of Canada in the Knight case.  The government of Canada is no longer party to the case. Ruling on Third Party Notice

Imperial Tobacco file Third Party Notices to involve the government of Canada in the lawsuit brought by B.C. against it. Imperial Tobacco Third Party Notice.  JTI-Macdonald, Rothmans, Benson and Hedges do likewise.

Ontario Court orders  JTI-Macdonald Corp. and its former president Edward Lang to stand trial on charges that they exported billions of tax-free Canadian cigarettes into the United States so they could be smuggled back into Canada through the Akwesasne Mohawk reserve near Cornwall and sold on the black market.

Saskatchewan adopts the Tobacco Damages and Health Care Costs Recovery Act. Bill

Supreme Court of Canada rejects appeal of B.C. Court of Appeal decision upholding B.C. legislation. Supreme Court Bulletin

New Brunswick issues call for proposals for contingency based litigants.  call for proposals

A coalition of health groups "Campaign for Justice on Tobacco Fraud" calls on Ontario government to sue for health care cost recovery from tobacco companies. Press release

Premier Dalton McGuinty rejects call, saying "The other agenda is about punishing big tobacco. We have not embraced that agenda. That does not serve our purposes."

Saskatchewan introduces a Tobacco Damages and Health Care Costs Recovery Act. Press coverage

B.C. Court of Appeal upholds Justice Homes ruling that 'ex-juris' defendants should be included in action. Judgment - September 15, 2006

Application is made to certify the Sparkes case as a class action.  Application

New Brunswick's Tobacco Damages and Health Care Costs Recovery Act is assented to. law

Manitoba's Tobacco Damages and Health Care Costs Recovery Act is assented to. law

B.C. Court of Appeal upholds the certification of the Knight case. Judgment on Class Action

Montreal Gazette reports that Stan Smith has been sentenced to 8 months house arrest following a guilty plea for his conspiracy in smuggling cigarettes for JTI-Macdonald.

Imperial Tobacco notifies the government of Canada that it is being named as a third party to the Sparkes suit. Third party claim

Nova Scotia's Tobacco Damages and Health Care Costs Recovery Act is assented to.bill

Imperial Tobacco amends its third party claim. Amended Third Party Claim (December 1, 2005)

Ontario Superior Court Judge Cullity denies certification of Ragoonanan case as a class action. Ruling - 2005B

Nova Scotia introduces a Tobacco Damages and Health Care Costs Recovery Act. bill

Supreme Court upheld the legislation B.C. developed to manage the lawsuit.

 Supreme Court of Canada upholds the validity of the Tobacco Damages and Health Care Costs Recovery Act.  Judgment September 29, 2005

Federal and provincial governments add their claims to that of the Quebec government.  Total claim exceeds $9 billion.

In addition to Quebec's $1.3-billion claim, the federal government is seeking $4.3 billion (increasing its claim from $1.5 billion); New Brunswick $1.5 billion; Nova Scotia $326 million; British Columbia $450 million; Manitoba $23 million; Ontario $1.5 billion; and Prince Edward Island $75 million. Nova Scotia press release

B.C. Supreme Court (Justice Holmes) rules that even though some of the defendents are located outside of Canada, they can be included in the lawsuit. Judgment June 26, 2005

Notices are issued to the public regarding eligibility to join the Quebec class actions, Blais and Letourneau

Ontario Superior Court Judge Cullity rejects Imperial Tobacco's request to stop the Ragoonanan trial. Ruling - 2005A

Justice Winkler of Ontario Superior Court denies Imperial Tobacco's request for costs to be awarded against class representatives in the Caputo case. Ruling March 8, 2005

A third class action for deception arising from the sale of ‘light’ cigarettes is filed, this time in Quebec on behalf of representative claimant “Yves Gagnon.”  (rejected in 2006)

Judge Pierre Jasmin of the Quebec Superior court authorizes both the Letourenau and Blais class actions.

B.C. Supreme Court Justice Satanove rules that the Knight class action can be certified. This is the first class action against a tobacco company to be certified in Canada.  Judgment on Certification

B.C. Court of Appeal grants a stay of the B.C. litigation pending appeal to the Supreme Court. Judgment December 2, 2004

RCMP agents searched the Montreal office of Imperial Tobacco Canada. The RCMP affidavit claims that smuggling led to $607 million in unpaid taxes to the federal government

Hearing on Class Action certification for the Knight case before B.C. Justice Satanove.

The federal government sides with tobacco companies in petitioning the court to not certify the Knight case. submission

Joe Battaglia dies of a heart attack.

JTI-Macdonald files an application of “Companies’ Creditors Arrangement Act (CCAA)” to the Ontario Superior Court of Justice. Filing the CCAA makes it possible for JTI-Macdonald to to continue business operations normally.

The Québec Revenue ministry requests and obtained a court order for JTI-Macdonald to pay nearly $1.4 billion immediately for unpaid taxes, penalties and interests. JTI-Macdonald subsequently filed for bankruptcy, and protection was extended (the most recent extension ends November 30, 2005). Other  provinces have filed notice of their own potential claims in this matter of more than $9 billion.

The “Sparkes” suit is filed in Newfoundland against Imperial Tobacco, claiming that customers were deceived by the marketing of ‘light’ cigarettes. The case is very similar to the “Knight” case in British Columbia

Supreme Court of B.C. turns down tobacco industry request for a variance in scheduling. Judgment July 9, 2004

B.C. Court of Appeal reverses lower court order of June 2003 and unanimously (3:0) rules that the amended B.C. legislation  is fully constitutional. Judgment May 20, 2004

In the Knight Case, Imperial Tobacco Canada filed its Statement of Defense and also filed a third party notice against the Attorney General of Canada.  In this third party notice, the company argues that light cigarettes were manufactured to comply with federal requirements, and that the government should be required to pay any damages, should they be determined. Imperial Tobacco Canada Ltd - Statement of Defence; Imperial Tobacco Canada Ltd - Third Party Notice

Justice Winkler of Ontario Superior Court rejects the Caputo class action. Ruling - February 5, 2004

The Attorney General of Canada filed a suit in Ontario against JTI-Macdonald for $1.5 billion to recover tax losses caused by what it called a “massive conspiracy” to smuggle cigarettes. These proceedings have now been stayed pending resolution of the bankruptcy protection.

B.C. Supreme Court rules that the amended Act is unconstitutional on the grounds of extraterritoriality.  Judgment - June 5, 2003

Ontario Superior Court upholds a Master's ruling in the Caputo case. Ruling - June 4, 2003

The “Knight” case is filed in British Columbia against Imperial Tobacco for engaging in “deceptive trade practices” when it used the term ‘light’ on its Players Light cigarettes. Statement of Claim

Spasic
Imperial Tobacco Canada ltd and Rothmans, Benson and Hedges both file  statements of defense in the Spasic case. Statement of defence - ITL; Statement of defence - RBH

Ontario Superior Court rejects a further request of Imperial Tobacco and Rothmans, Benson and Hedges to strike down sections of the statement of the Spasic claim. Ruling - 2003

The RCMP laid charges of fraud and against JTI Macdonald and 8 former corporate executives. Investigators claimed the companies defrauded Canada, Ontario and Quebec of $1.2 billion in tax revenue between 1991 and 1996.

The Ontario Court of Appeal reviews the Wilson judgement in the McIntyre case and rules that contingency fees are not necessarily disallowed in Ontario.  Ruling

Nova Scotian Peter Stright filed a claim against Imperial Tobacco for damages resulting from his Buerger's disease caused by smoking. Statement of Claim Stright v. Imperial Tobacco Company Ltd.,  Supreme Court of Nova Scotia court file # 177663.

RCMP searched the premises of Rothmans, Benson and Hedges in connection with cigarette smuggling in the 1990s, as part of an investigation that is apparently ongoing.

Canada's appeal of Justice McAvoy's ruling is dismissed by the U.S. Court of Appeals.

The Ontario Court of Appeal rejects Imperial Tobacco as an intervenor in its review of the Wilson decision to allow a contingency fee basis for the McIntyre case against it.

Quebec Minister of Justice, Linda Goupil and Associate Minister of Health, Social Services and Youth Protection, announce the establishment of a special committee to review medicare cost recovery lawsuit against tobacco companies.

Justice Thompson rules against the Battaglia claim. Judgment

Newfoundland's "Act to Provide for the Recovery of Tobacco Related Health Care Costs" is passed.

Janos Kardos drops his claim against Imperial Tobacco and signs a consent order to dismiss the claim. (Alberta Action No. 0001-05941)

The Supreme Court of Canada dismissed an appeal by Imperial Tobacco Ltd. and Rothmans, Benson & Hedges Inc of the July 2000 decision by the Ontario Court of Appeal to allow the Estate of Mirjana Spasic to pursue their liability claim against them. 

Judge Wilson of the Ontario Superior Court rules that Maureen McIntyre may enter into a contingency fee arrangement with her lawyers, Rochon Genova, to sue Imperial Tobacco over the death of her husband, Ronald McIntyre. The ruling is appealed by the Ontario government.

B.C. government re-launches its lawsuit. Statement of claim.  Press release:  B.C. starts next round in tobacco fight.  Summary of claim
Tobacco industry's own words

Justice Peter Cumming of the Ontario Superior Court removes Rothmans, Benson & Hedges and JTI-MacDonald from the Ragoonanan action. Ruling - 2000

The Battaglia case is heard in North York Small Claims Court before Justice Pamela Thompson. 

Ontario appeals the rejection of its RICO suit

U.S. courts refuse to hear the Ontario complaint on the grounds that a foreign government such as Ontario could not sue in U.S. courts. 

The Court of Appeal of Ontario strikes down Justice Cameron's ruling and reinstates sections 8 - 15 of the claim (but strikes down section 16 of the claim). Ruling - 2000

A revised version of the Tobacco Damages and Health Care Costs Recovery Act is passed by the B.C. Legislature. Tobacco Damages and Health Care Costs Recovery Act

Justice McAvoy of the U.S. District Court (New York) dismisses Canada's case against RJ-Reynolds.  Ruling

 Imperial Tobacco rejects an offer to settle the Battaglia claim with an apology.

Calgarian, Janos Kardos files a claim against Imperial Tobacco for $2 million for damages resulting from the death of his wife, Shirley Cardos. (Court of Queen's Bench of Alberta Action 0001-05941).

Ontario Small Claims Court judge orders a trial to hear Joseph Battaglia's claim against Imperial Tobacco Canada ltd.  for damages resulting from his smoking Matinee cigarettes. Statement of claim. This is the first time ever an individual has won the right to take a tobacco giant to trial.

B.C. government announces that it will re-file its lawsuit. Press release: Province to continue tobacco legal action

Ontario filed a medicare cost recovery lawsuit against the tobacco industry in U.S. federal court under the Racketeer-Influenced and Corrupt Organizations Act (RICO).  

Supreme Court of British Columbia rules that the Tobacco Damages and Health Care Costs Recovery Act in British Columbia is unconstitutional based upon the extra-territorial scope of the Act. The BC Government's action is dismissed. Judgment - February 21, 2000

Davina Ragoonanan, mother of Jasmine and sister of Philip files a claim against Imperial Tobacco Canada, Ltd., Rothmans, Benson & Hedges and JTI-Macdonald as a class action.  The suit claimed that the fire would not have happened if the tobacco companies had made their cigarettes fire-safe. Statement of Claim

 Les Thompson, a former RJR-Macdonald sales executive, was sentenced by a U.S. judge to 70 months in prison after pleading guilty to laundering $72 million U.S. from smuggling tobacco into Canada.

Ronald McIntyre dies from lung cancer on December 23, 1999 at the age of sixty-three.

The Government of Canada files a lawsuit in the United States Federal Court against RJR-Macdonald Inc., RJ Reynolds Tobacco Holdings Inc., several related companies, and the Canadian Tobacco Manufacturers Council related to the loss of tax revenues associated with smuggling. Statement of Claim

Ontario government announces that it will file a lawsuit in the United States against the tobacco industry under the Racketeer-Influenced and Corrupt Organizations Act.

A Rimouski small claims court hears a claim for $300 from Cecilia Letourneau for reimbursement of the costs of her nicotine replacement therapy. The judge rejects the request.

The Conseil quebecois pour le controle du tabac, with its representative client, Jean Yves Blais, files a request to proceed with a class action suit against RJR/JTI Macdonald, Rothmans, Benson and Hedges and Imperial Tobacco. Representing the case is Lauzon Belanger (http://www.lauzonbelanger.qc.ca).

In the Spasic case, Justice Cameron of the Ontario Court of Justice (General Division) strikes out sections 8 - 16 of the statement of claim (those sections dealing with spoilation). Ruling - 1998

British Columbia files a lawsuit against tobacco companies operating in Canada as well as their foreign owners. Statement of claim.; Summary of Statement of Claim (prepared by B.C. gov't); Press release Province Sues Tobacco Companies

On behalf of representative client Cecilia Letourneau, Trudel and Johnston (www.trudeljohnston.com) file a request for certification of a class action against Imperial Tobacco, Rothmans Benson & Hedges et JTI MacDonald for damages arising from addiction to their products.

British Columbia legislature revises the Tobacco Damages Recovery Act and renames it the Tobacco Damages and Health Care Costs Recovery Act. (TDHCCRA).  Press release Historic tobacco legislation holds manufacturers accountable for prevention and health care costs.; B.C. government backgrounder on Strategy.

Mirjana Spasic dies of smoking-related lung cancer. Her daugher, Ljubisa Spasic, continues the claim on behalf of her estate.

Phillip Ragoonanan, 16,  Jasmine Ragoonanan, 3,  Ranuka Baboolal, 15, die in a house fire in Mississauga, Ontario

British Columbia announces legal team to lead lawsuit. Memo from public relations firm to IMASCO reviewing announcement

A second suit is filed as part of the Spasic case against  B.A.T. Industries alleging intentional "spoliation of evidence" (i.e. that the tobacco companies destroyed evidence of their wrongdoing). Statement of Claim - BAT

Tobacco Damages Recovery Act adopted by BC Legislature with all-party support.

Joe Battaglia files an action in the Ontario Small claims Court against RBH, Imperial Tobacco and RJR/JTI MacDonald.

British Columbia Premier, Glen Clark, announces intention to sue tobacco companies. Globe and Mail, June 16, 1997. Press release.  Speaking notes

Mirjana Spasic files a claim against imperial Tobacco and Rothmans, Benson and Hedges for damages in the amount of $1,000,000 in association with her lung cancer. Statement of Claim - ITL  and Schedule A.

British Columbia Minister of Health, Joy Macphail, expresses interest in suing tobacco companies to recover health care costs.

A demand letter is sent on behalf of  Mr. Albert Chalut to Imperial Tobacco. (This case was not pursued).

The Letourneau class action is re-named and the statement of claim amended. Mr. Letourenau withdraws as a named class representative and is replaced with Lori Cawardine and Russel Hyduk.  Amended statement of claim

Toronto lawyer, Richard Sommers, attempts a class action suit against Canada's 3 major tobacco companies. This is the first class action suit against tobacco companies outside of the United States. The case is called "Letourneau" after the first of the three plaintiffs named (Donald Letourenau, David Caputo, Luna Roth).

The Supreme Court of British Columbia issued reasons for its ruling that the limitation period had expired on the Perron case and that it could not proceed. Judgment - 1993

The Court of Appeal for British Columbia upheld a prior court ruling against RJR-Macdonald's request that the Perron action be dismissed because the limitation period was over. Judgment - 1990

Vancouver lawyer Russell Stanton filed a suit against RJR MacDonald Inc. on behalf of his client, Roger Perron. Roger Perron had lost both his legs through amputation as a result of Buerger's Disease.  Statement of Claim, Writ of summons

Relatives and Friends of Dead and Dying Smokers announces its formation, and calls for product liability suits to be filed in Canada against tobacco companies.  Press release.  Backgrounder.