|
Note: Trial rulings in the Blais-Létourneau
trial are not listed below.
See www.tobaccotrial.blogspot.ca for
more information on that trial.
|
|
Date
|
Event
|
|
2014
|
|
|
June 16. 2014
|
Ontario:
Justice Conway rejects a request by the
tobacco company for their costs in preparing a motion to
strike down sections of the Ontario claim that became
unnecessary after the government file a “fresh as amended
claim”
Ruling 2014 ONSC 3549
|
|
June 12, 2014
|
Ontario:
Justice Conway of Ontario Superior
Court strikes down sections of the Ontario government claim,
saying that they are covered by parliamentary privilege.
Ruling 2014 ONSC 3382
|
|
March 28, 2014
|
Ontario:
Ontario files a “fresh as amended”
claim in its damages and recovery suit. Claim
|
|
March 5, 2014
|
Quebec:
Justice Mongeon of the Quebec Superior
Court upholds the constitutionality of the Quebec
Tobacco-related Damages and Health Care Costs recovery Act.
Ruling. 2014 QCCS 842
|
|
February 28, 2014
|
Quebec:
Justice Stéphane Sansfaçon of the
Quebec Superior court rejects most of the defendant industry
requests for sections of the Quebec government claim to be
struck down..
Ruling 2014 QCCS 705
Related blog)
|
|
February 28, 2014
|
Quebec:
Justice Stéphane Sansfaçon of the
Quebec Superior court rejects most of the defendant industry
requests for further information on details in the Quebec
government claim Ruling
2014 QCCS 704
Related blog)
|
|
2013
|
|
|
December 19, 2013
|
Newfoundland
Newfoundland Supreme Court Chief
Justice David Orsborn rules on 5 questions related to the
jurisdictional challenges to the Tobacco Health Care Costs
Recovery Act.
Ruling 013 NLTD(G) 180
|
|
December 19, 2013
|
Ontario:
Supreme Court of Canada turns down
defendant tobacco company leave to appeal Ontario Court of
Appeal rulings on extraterritoriality.
Decision.
|
|
October 29, 2013
|
British Columbia
British Columbia Supreme Court rejects
industry appeal to disqualify members of B.C. Government
legal team. (Ruling)
2013 BCSC 1963
|
|
October 4, 2013
|
Quebec:
Quebec Court of Appeal upholds the
ruling of Justice Sansfaçon. Ruling.
|
|
October 1, 2013
|
Saskatchewan
Queen's Bench rejects the request of
foreign tobacco companies to be dismissed from the case. Ruling.
|
|
July 4, 2013
|
Quebec:
Quebec Superior Court Justice Stéphane
Sansfaçon rejects request of foreign companies to be
dismissed from case. Ruling
|
|
June 21, 2013
|
Manitoba
Manitoba Court of Queen's bench issues
case management ruling. Ruling.
|
|
May 30, 2013
|
Ontario:
Ontario Court of Appeal upholds
decision of Justice Conway to keep foreign tobacco companies
as defendants in Ontario's suit. Ruling.
|
|
January 10, 2013
|
Quebec:
Quebec Superior Court rules that
foreign tobacco companies may not be excused from the Quebec
government claims against them. Ruling.
|
|
2012
|
|
|
November 5-6, 2012
|
Ontario:
Ontario Court of Appeal considers
request by multinationals that January ruling of
lower court be overturned.
|
|
October 26
|
Federal government files its Stataement
of Defence against challenges by JTI-Macdonald and Imperial
Tobacco . (ITCL
Defence; JTI_M
Defence)
|
|
September 12, 2012
|
Prince Edward Island files a claim
against tobacco companies operating in Canada and their
offshore parent companies. Press
release. Statement
of claim
|
|
June 8, 2012
|
Quebec:
Quebec government files a statement of
claim against tobacco companies and their off-shore parent
companies. Damages sought are $60.7 billion. Statement
of claim (french). English
version
|
|
|
Alberta government files a statement of
claim against tobacco companies and their off-shore parent
companies. Damages sought are $10 billion. Statement
of claim
|
|
|
Saskatchewan files a statements of
claim against tobacco companies.news
story. Statement
of Claim. (It was amended on October 2012 -Amended
version)
|
|
|
Manitoba files a statement of claim
against tobacco companies. Press
release.
|
|
April 25
|
Federal
Imperial Tobacco launches challenge to
health warnings implemented as a result of Health Canada's
2011 Regulation. Statement
of Claim.
|
|
April 3
|
Federal
JTI-Macdonald launches challenge to
health warnings implemented as a result of Health Canada's
2011 Regulation. Statement
of Claim.
|
|
April 3, 2012
|
Ontario:
Ontario Superior Court awards
costs of $577,000 against the tobacco companies who tried -
and lost - to be dismissed from Ontario's damage recovery
suit.
|
|
March 12, 2012
|
Quebec class action trial begins.
Follow the
blog
|
|
February 23, 2012
|
New Brunswick Court of Queen's Bench
strikes down the third party claims against the federal
government in the province's tobacco damages recovery
suit. Ruling
|
|
February 14, 2012
|
Quebec Superior Court rejects Imperial
Tobacco's request to amend its 3rd party notice (the request
would have included a claim for past taxes generated by
tobacco sales). Ruling
|
|
February 14, 2012
|
Quebec Superior Court rejects
Government of Canada's request to be dismissed from Blais
and Letourneau cases. Ruling
|
|
January 4, 2012
|
Ontario Superior Court rejects motion
of parent companies (i.e. BAT, Philip Morris, etc) to be
dismissed from Ontario's law case. Ruling
|
|
2011
|
|
|
September 21, 2011
|
Quebec judge rejects agreement between
federal government and plaintiffs in the recours collectifs. Ruling.
|
|
August 26, 2011
|
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.
|
|
August 25th
|
Northwest Territories legislature gives
assent to Bill 23, Tobacco
Damages and Health Care Costs Recovery lawsuit.
|
|
August 19th
|
Bill 23, Tobacco Damages and Health
Care costs Recovery lawsuit introduced in Northwest
Territories legislature. Debated
on August 23
|
|
July 29, 2011
|
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
|
|
July 4, 2011
|
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
Notice to class members. Settlement
with Federal government (French Only)
|
|
June 30, 2011
|
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)
|
|
June 17, 2011
|
PostMedia reports that Imperial Tobacco has filed
a third party notice against 18 native tobacco manufacturers
and distributors. (Montreal Gazette. June 17, 2011)
|
|
April 27, 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.
|
|
February 24, 2011
|
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
|
|
February 8, 2011
|
Newfoundland files a statement
of claim against tobacco companies.News
release.
|
|
January 14, 2011
|
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.
|
|
January 10, 2011
|
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)
|
|
2010
|
|
|
Oct 21, 2010
|
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
|
|
October 25, 2010
|
Alberta announces that it plans to
launch a health care costs recovery action.
|
|
May 20, 2010
|
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.
|
|
April 13, 2010
|
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
|
|
March 22, 2010
|
The Newfoundland and Labrador Court of
Appeal denied class action certification in the Sparkes v.
Imperial Tobacco Canada Ltd. "lights" class action. Judgement
|
|
February 8, 2010
|
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
|
|
2009
|
|
|
December 9, 2009
|
Prince Edward Island's Tobacco
Damages and Health Care Costs Recovery Act receives
Royal Assent.
|
|
December 8, 2009
|
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.
governmentactions.
|
|
November 25, 2009
|
Prince Edward Island tables
legislation to allow government lawsuits against tobacco
companies for past wrongdoing.
|
|
October 2, 2009
|
Quebec asks the court to dismiss the
challenge against its Bill 43.
Motion
|
|
September 29, 2009
|
Ontario files a statement
of claim for $50 billion.
|
|
August 29, 2009
|
Imperial Tobacco, JTI_Macdonald and RBH
file a constitutional challenge against Quebec's Bill 43.
Motion to institute proceedings for declaratory judgment
|
|
July 21, 2009
|
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.
|
|
June 19, 2009
|
Quebec law Tobacco-related Damages and
Health Care Costs Recovery Act(Bill 43) comes into force.
|
|
June 17, 2009
|
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
|
|
June 1-8, 2009
|
B.C. Court of Appeal hears arguments to
overturn decisions rejecting "Third Party" claims against
Health Canada in Knight and B.C. Government lawsuits.
|
|
May 14, 2009
|
Ontario's Tobacco Damages and Health
Care Costs Recovery Act receives Royal Assent. Bill
|
|
May 14, 2009
|
Quebec government
introduces Tobacco-related Damages and Health Care Costs
Recovery Act (Bill 43). Bill
|
|
May 11, 2009
|
Alberta introduces the Right of
Recovery Act. Bill
|
|
April 29, 2009
|
PEI premier Ghiz tells reporters that
PEI may join New Brunswick's lawsuit, and that enabling
legislation may be introduced this session.News
story
|
|
March 4, 2009
|
Ontario government introduces Bill
155, Tobacco Damages and Health Care Costs Recovery Act.
|
|
2008
|
|
|
July 31, 2008
|
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
|
|
April 10, 2008
|
B.C. Supreme Court dismissed third
party claim against the government of Canada by tobacco
companies sued by B.C. government. ruling
|
|
March 13, 2008
|
New Brunswick files suit against
tobacco companies operating in Canada. Statement
of claim, Notice
of action
|
|
Feb 29, 2008
|
JTI-Macdonald files "action in
warranty" (similar to 3rd party) forLetourneau and Blais cases.
Imperial Tobacco files "action in
warranty" (similar to 3rd party) forLetourneau and Blais cases.
Rothmans Benson and Hedges files "action
in warranty" (similar to 3rd party)
|
|
February 19, 2008
|
Ontario Superior Court resinstates
fraud and conspiracy charges against six accused (in
addition to Edward Lang), originally dropped in May 2007. Ruling
|
|
2007
|
|
|
July 3, 2007
|
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
|
|
June 6, 2007
|
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.
|
|
May 30, 2007
|
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.
|
|
April 26, 2007
|
Saskatchewan adopts the Tobacco Damages
and Health Care Costs Recovery Act. Bill
|
|
April 5, 2007
|
Supreme Court of Canada rejects appeal
of B.C. Court of Appeal decision upholding B.C.
legislation. Supreme
Court Bulletin
|
|
2006
|
|
|
December 15, 2006
|
New Brunswick issues call for proposals
for contingency based litigants. call
for proposals
|
|
December 11, 2006
|
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."
|
|
November 21 2006
|
Saskatchewan introduces a Tobacco
Damages and Health Care Costs Recovery Act. Press
coverage
|
|
September 15, 2006
|
B.C. Court of Appeal upholds Justice
Homes ruling that 'ex-juris' defendants should be included
in action. Judgment
- September 15, 2006
|
|
27 June 2006
|
Application is made to certify the
Sparkes case as a class action. Application
|
|
June 22, 2006
|
New Brunswick's Tobacco Damages and
Health Care Costs Recovery Act is assented to. law
|
|
June 13, 2006
|
Manitoba's Tobacco Damages and Health
Care Costs Recovery Act is assented to. law
|
|
May 11, 2006
|
B.C. Court of Appeal upholds the
certification of the Knight case.Judgment
on Class Action
|
|
May 5, 2006
|
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.
|
|
20 January 2006
|
Imperial Tobacco notifies the
government of Canada that it is being named as a third party
to the Sparkes suit. Third
party claim
|
|
2005
|
|
|
December 8, 2005
|
Nova Scotia's Tobacco Damages and
Health Care Costs Recovery Act is assented to.bill
|
|
December 1, 2005
|
Imperial Tobacco amends its third party
claim. Amended
Third Party Claim (December 1, 2005)
|
|
October 31, 2005
|
Ontario Superior Court Judge Cullity
denies certification of Ragoonanan case as a class action. Ruling
- 2005B
|
|
October 13, 2005
|
Nova Scotia introduces a Tobacco
Damages and Health Care Costs Recovery Act. bill
|
|
September 2005
|
Supreme Court upheld the legislation
B.C. developed to manage the lawsuit.
|
|
September 29, 2005
|
Supreme Court of Canada upholds the
validity of the Tobacco Damages and Health Care Costs
Recovery Act. Judgment
September 29, 2005
|
|
June 27, 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
|
|
June 26, 2005
|
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
|
|
30 May 2005
|
Notices are issued to the public
regarding eligibility to join the Quebec class actions,
Blais and Letourneau
|
|
March 9, 2005
|
Ontario Superior Court Judge Cullity
rejects Imperial Tobacco's request to stop the Ragoonanan
trial. Ruling
- 2005A
|
|
March 8, 2005
|
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
|
|
February 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)
|
|
21 February 2005
|
Judge Pierre Jasmin of the Quebec
Superior court authorizes both the Letourenau and Blais
class actions.
|
|
Feb. 8, 2005
|
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
|
|
2004
|
|
|
December 2, 2004
|
B.C. Court of Appeal grants a stay of
the B.C. litigation pending appeal to the Supreme Court. Judgment
December 2, 2004
|
|
November 26 - 28 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
|
|
October 25 - 29, 2004
|
Hearing on Class Action certification
for the Knight case before B.C. Justice Satanove.
|
|
October 14, 2004
|
The federal government sides with
tobacco companies in petitioning the court to not certify
the Knight case. submission
|
|
September 3, 2004
|
Joe Battaglia dies of a heart attack.
|
|
August 24, 2004
|
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.
|
|
August 10, 2004
|
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.
|
|
July 2004
|
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
|
|
July 9, 2004
|
Supreme Court of B.C. turns down
tobacco industry request for a variance in scheduling. Judgment
July 9, 2004
|
|
May 20, 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
|
|
April 30, 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
|
|
February 2, 2004
|
Justice Winkler of Ontario Superior
Court rejects the Caputo class action.Ruling
- February 5, 2004
|
|
2003
|
|
|
August 13, 2003
|
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.
|
|
June 5, 2003
|
B.C. Supreme Court rules that the
amended Act is unconstitutional on the grounds of
extraterritoriality. Judgment
- June 5, 2003
|
|
June 4, 2003
|
Ontario Superior Court upholds a
Master's ruling in the Caputo case.Ruling
- June 4, 2003
|
|
May 8, 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
|
|
May 1, 2003
|
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
|
|
February 2, 2003
|
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
|
|
February 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.
|
|
2002
|
|
|
September 10, 2002
|
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
|
|
February 20, 2002
|
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.
|
|
January 17- 19 2002
|
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.
|
|
2001
|
|
|
October 21, 2001
|
Canada's appeal of Justice McAvoy's
ruling is dismissed by the U.S. Court of Appeals.
|
|
July 26, 2001
|
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.
|
|
June 21, 2001
|
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.
|
|
June 1, 2001
|
Justice Thompson rules against the
Battaglia claim. Judgment
|
|
May 24, 2001
|
Newfoundland's "Act to Provide for the
Recovery of Tobacco Related Health Care Costs" is passed.
|
|
April 10, 2001
|
Janos Kardos drops his claim against
Imperial Tobacco and signs a consent order to dismiss the
claim. (Alberta Action No. 0001-05941)
|
|
March 22, 2001
|
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.
|
|
March 1, 2001
|
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.
|
|
January 24, 2001
|
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
|
|
2000
|
|
|
December 5, 2000
|
Justice Peter Cumming of the Ontario
Superior Court removes Rothmans, Benson & Hedges and
JTI-MacDonald from the Ragoonanan action.Ruling
- 2000
|
|
November 20-28, 2000
|
The Battaglia case is heard in North
York Small Claims Court before Justice Pamela Thompson.
|
|
September 6, 2000
|
Ontario appeals the rejection of its
RICO suit
|
|
August 7, 2000
|
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.
|
|
July 21, 2000
|
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
|
|
July 6, 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
|
|
June 30, 2000
|
Justice McAvoy of the U.S. District
Court (New York) dismisses Canada's case against
RJ-Reynolds. Ruling
|
|
June 2000
|
Imperial Tobacco rejects an offer to
settle the Battaglia claim with an apology.
|
|
April 10, 2000
|
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).
|
|
April 3, 2000
|
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.
|
|
March 21, 2000
|
B.C. government announces that it will
re-file its lawsuit. Press release:Province
to continue tobacco legal action
|
|
March 2, 2000,
|
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).
|
|
February 21, 2000
|
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
|
|
January 11, 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
|
|
1999
|
|
|
December 1999
|
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.
|
|
December 23, 1999
|
Ronald McIntyre dies from lung cancer
on December 23, 1999 at the age of sixty-three.
|
|
December 21, 1999
|
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
|
|
April 23, 1999
|
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.
|
|
1998
|
|
|
16 December 1999
|
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.
|
|
18 November 1998
|
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).
|
|
November 25 1998
|
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
|
|
November 12, 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
|
|
September 10, 1998
|
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.
|
|
June 11, 1998
|
British Columbia legislature revises
the Tobacco Damages Recovery Actand 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.
|
|
February 1998
|
Mirjana Spasic dies of smoking-related
lung cancer. Her daugher, Ljubisa Spasic, continues the
claim on behalf of her estate.
|
|
January 18, 1998
|
Phillip Ragoonanan, 16, Jasmine
Ragoonanan, 3, Ranuka Baboolal, 15, die in a house
fire in Mississauga, Ontario
|
|
January 6, 1998
|
British Columbia announces legal team
to lead lawsuit. Memo
from public relations firm to IMASCO reviewing announcement
|
|
1997
|
|
|
September 16, 1997
|
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
|
|
July 28, 1997
|
Tobacco Damages Recovery Act adopted by
BC Legislature with all-party support.
|
|
June 12, 1997
|
Joe Battaglia files an action in the
Ontario Small claims Court against RBH, Imperial Tobacco and
RJR/JTI MacDonald.
|
|
June 1997
|
British Columbia Premier, Glen Clark,
announces intention to sue tobacco companies. Globe
and Mail, June 16, 1997. Press
release. Speaking
notes
|
|
May 1, 1997
|
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.
|
|
1996
|
|
|
September, 1996
|
British Columbia Minister of Health,
Joy Macphail, expresses interest in suing tobacco companies
to recover health care costs.
|
|
1995
|
|
|
Thursday, June 1, 1995
|
A demand letter is sent on behalf of
Mr. Albert Chalut to Imperial Tobacco. (This case was not
pursued).
|
|
May 26, 1995
|
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
|
|
January 13, 1995
|
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).
|
|
1994
|
|
|
1993
|
|
|
March 22, 1993
|
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
|
|
1992
|
|
|
1991
|
|
|
1990
|
|
|
February 2, 1990
|
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
|
|
1989
|
|
|
1988
|
|
|
June 20th, 1988
|
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
|
|
1987
|
|
|
February 26, 1987
|
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.
|
This library was produced
Physicians for a Smoke-Free Canada. For questions or comments about the material listed here, please contact us at
613 233 4878.
