Ragoonanan Estate v.
Imperial Tobacco Ltd.
January 18, 1998:
Phillip Ragoonanan, 16, Jasmine Ragoonanan, 3, Ranuka Baboolal,
15, die in a house fire in Mississauga, Ontario
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.
December 5, 2000
Justice Peter Cumming of the Ontario Superior Court removes Rothmans, Benson
& Hedges and JTI-MacDonald from the action.
March 9, 2005
Ontario Superior Court Judge Cullity rejects Imperial Tobacco's request to
stop the trial.
October 31, 2005.
Ontario Superior Court Judge Cullity denies certification of case as a
class action.
April 4, 2008
Ontario Divisional
court rejects appeal of Cullity's ruling Superior Court Judge Cullity denies certification of case as a
class action.
Media Coverage
»Three
die in fire; [Final Edition]
The Canadian Press. Calgary Herald. Calgary, Alta.:
Jan 19, 1998. pg. A.3
Two teenagers and a small child were killed Sunday in
an early morning house fire in this city west of Toronto.
Firefighters arrived to find a townhouse engulfed in
flames, police said.
Peel Regional police said a man and woman, both 23,
and their two- year-old son were able to escape the flames by jumping out of
a third-floor bedroom window.
They were taken to hospital with non-life-threatening
injuries.
Inside the gutted home, firefighters located the
bodies of the woman's brother Phillip Ragoonanan, 16, her daughter Jasmine
Ragoonanan, 3, and Ranuka Baboolal, 15, of Mississauga.
The fire forced the evacuation of several neighboring
units and sent two firefighters to hospital with smoke inhalation.
»Cigarette
makers hauled into court.
The National - CBC Television. Toronto: Jan 11, 2000.
GUEST: LESLIE MacKINNON, Reporter; DAVINA RAGOONANAN,
Woman filing the suit; ALLAN SPEED, Toronto Fire Chief; DAVID SWEANOR,
Non-smokers Rights Assn.; DOUG LENNOX, Ragoonanan's lawyer
PETER MANSBRIDGE: Cigarette makers in this country
are being hauled into court again. But this time it's not over the health
risks linked to smoking. Rather it's over how cigarettes burn. A woman in
Toronto blames a smouldering cigarette for a fire that killed three
children. And she's now launched a suit, claiming the tobacco giants can
easily prevent such fires. Fires that kill as many as 100 Canadians a year.
The CBCs Leslie MacKinnon reports.
LESLIE MacKINNON: This is just an exercise but these
kinds of fires caused by smouldering cigarettes are the leading cause of
fire deaths in Canada and the United States. And many of the victims are
children.
DAVINA RAGOONANAN / WOMAN FILING THE SUIT: The smoke
was so horrible. You couldn't see or breath or anything.
MacKINNON: Davina Ragoonanan survived a horrendous
townhouse fire in Scarborough two years ago.
RAGOONANAN: She died three days before she would have
turned four.
MacKINNON: It killed three children: her daughter
Jasmine, her 16-year-old brother Phillip and his 15-year-old friend Renuka.
Today she and her husband filed suit against Canada's three major tobacco
companies. They'll ask a judge to certify the case as a class action suit.
Involving anyone in Canada killed or damaged by cigarette fires.
RAGOONANAN: I'd like to know why it's not being
regulated. Why the government hasn't pushed them to change it. Why innocent
people are being hurt and killed over something that could have been changed
years ago.
MacKINNON: In the U.S, a Congressional Safety
Committee has established that a fire-proof cigarette could be developed
cheaply. This video shows how an experimental fire-safe cigarette, one
that's thinner and less dense and porous, does not burn when left near
fabric compared to a marbourough cigarette. The tobacco industry has never
put such a cigarette on the market. This year an alarmingly high number of
fatal fires in Ontario has fire officials calling for legislation for a
fire-safe cigarette.
ALLAN SPEED / TORONTO FIRE CHIEF: And if we can have
something like that on the market then we can very confidently say were
going to cut down our fires dramatically.
DAVID SWEANOR / NON-SMOKERS RIGHTS ASSN.: The tobacco
companies have known about this problem for a very long time. They've not
taken action on it. Their failure to take action on it appears to have led
to many hundreds of fatal fires.
MacKINNON: Davina Ragoonanan's lawyer says if the
Canadian tobacco industry immediately committed to making a safer cigarette,
he'd back away.
DOUG LENNOX / RAGOONANAN'S LAWYER: I'm willing to
make a deal right now and you know, waive any claim for punitive damages,
you know make this short and sweet. I just want to save lives.
RAGOONANAN: What they've taken from me, I'm never
going to have, you know. She was my baby.
MacKINNON: The big three Canadian tobacco companies
did not comment on this lawsuit today. But today in the United States the
American tobacco giant Phillip Morris announced it will start market
research on cigarette paper less likely to ignite in fabric. A product it
admits has been in development in its labs for years. Leslie MacKinnon, CBC
News, Toronto.
Copyright Canadian Broadcasting Corporation. 2000 All
Rights Reserved.
Indexing (document details) Classification Codes 9172
Canada Document types: Broadcast transcript Publication title: The National
- CBC Television. Toronto: Jan 11, 2000. Source type: Transcript ProQuest
document ID: 439541781 Text Word Count 562
»[Tobacco
lawsuit wants companies to make cigarette paper safer]
TORONTO (CP) - The mother of two children who were
killed in a house fire blamed on a smouldering cigarette is suing Canada's
tobacco companies, claiming they could make cigarette paper safer, CBC-TV's
The National reported Tuesday.
The fire in Toronto in 1998 claimed the lives of
Ravena Ragoonanan's two children, a daughter Jasmine, 3, Philip, 16, and his
15-year-old friend.
Ragoonanan and her husband filed a suit against
Canada's three cigarette companies on Tuesday in their first step in
organizing a class-action suit involving anyone in the country killed or
injured by fires caused by cigarettes.
"I would like to know why it's not be regulated, why
the government hasn't taken steps to change it?" Ravena Ragoonanan said of
cigarette paper.
"Why innocent people are being hurt or killed over
something that could be changed years ago."
A U.S. Congressional safety committee has said a
cigarette which does not ignite fabric when left burning could be developed.
Fire department officials in Ontario have also called
for a fire-proof cigarette in the wake of a number of fires in the province
that have been blamed on cigarettes.
"Tobacco companies have known about this problem for
a very long time," Doug Lennox, the Ragoonanans lawyer told the CBC.
"They have not taken action on it. Their failure to
take action on it appears to have lead to many, many hundreds of fatal
fires."
The cigarette companies did not comment on the suit.
Indexing (document details) Subjects: Fire
protection, Cigarettes, Production, Tobacco industry, Litigation
Classification Codes 9172 People: Ragoonanan, Ravena Publication title:
Canadian Press NewsWire. Toronto: Jan 11, 2000. Source type: Periodical
ProQuest document ID: 385258751 Text Word Count 241
»Family
Victimized by House Fire to Sue Tobacco Companies Canada AM - CTV
Television.
Toronto:Jan 13, 2000. ***[insert pages]***
PRINGLE: A Toronto woman has launched the first of
its kind in lawsuits in Canada against three tobacco companies. Two years
ago, January 1998, Davina Ragoonanan's three-year-old daughter, her
16-year-old brother, and his friend were killed when their house caught
fire. The blaze started after her brother Phillip had fallen asleep on a
couch while smoking. Davina would like to force the tobacco companies into
making a fire-safe cigarette, which is eminently possible, we're told.
And Davina Ragoonanan is with us now. Also in Ottawa:
Emile Therien who's president of the Canadian Safety Council.
Why did you decide to go this distance? I mean a huge
responsibility to take on to launch a suit against the tobacco companies.
RAGOONANAN: We decided to go ahead with this because
I think the Canadian public needs to know that we're being deprived of this.
And it's available.
PRINGLE: How did you know it was?
RAGOONANAN: It was brought to our attention late in
the end of 1999, October/November. And after reading the documents and the
research and the studies that were done we just found it shocking that the
tobacco companies knew how to do this and in fact made these cigarettes and
test-marketed it in 1987.
PRINGLE: Emile, how long is the fire-safe cigarette
been around?
THERIEN: Well, the initial studies go back to 1982 in
the United States. The Congress enacted the Cigarette Fire Safety Act. That
was really the thing that spurred a lot of study and a lot of work into
fire-safe cigarettes.
PRINGLE: Well, I think we've got some visuals -- I
think maybe people have seen this in the news -- of the example of the
cigarette that doesn't catch fire. How does it work, Emile? Can you just
explain that?
THERIEN: There's basically four characteristics.
There are four properties to fire-safe cigarettes. First of all, the
porosity of the paper, the length of the filter, the circumference of the
cigarette and the density of the tobacco. And really basically we're not
talking rocket science here. A self-extinguishing cigarette really should
extinguish, based on the amount of inhaling or what we call puffing on that
cigarette. It should extinguish within a very, very short period of time
after not puffing or smoking it.
PRINGLE: Now, Davina, this is no small challenge. I
mean the tobacco companies have a lot of money and even though they've been
under a huge amount of pressure with different lawsuits lately in Canada and
the US, I mean --
RAGOONANAN: We're hoping that with the education and
the awareness that's being brought out to the public that people will start
pushing and saying that this is what we want and we won't be alone in this
fight and that other people will join into our fight.
PRINGLE: Now, you've brought a picture. This is your
daughter Jasmine.
RAGOONANAN: Yeah, this is Jasmine.
PRINGLE: She was almost four.
RAGOONANAN: Three days away from being four. And
she's two-and- a-half there.
PRINGLE: And your brother.
RAGOONANAN: And this is Phillip. And he's 14 here.
PRINGLE: Now, this is hard because, I mean, the fire
was Phillip's fault. He fell asleep smoking a cigarette. He'd lit the
cigarette, he was lying on a couch. I mean you got to deal with that too.
RAGOONANAN: Yeah, and we're willing to accept our
responsibility for that. But what I'd like to know is when are the tobacco
companies going to accept their responsibility and stand up and take
responsibility for their actions. He made a mistake, he was 16 years old.
And it could have been prevented. And that's what we'd like to do, prevent
this from happening to somebody else, someone else losing their children,
their family, their home, their property, their lives.
PRINGLE: Because you were upstairs in the bedroom
with your husband and --
RAGOONANAN: And our son.
PRINGLE: And your younger child.
RAGOONANAN: Right.
PRINGLE: And your brother and his friend and your
daughter were downstairs.
RAGOONANAN: Well, actually my brother's friend and my
daughter were sleeping in the bedrooms upstairs and my brother was the only
one left downstairs. And we were awoken by my brother's friend Ranuka. She
had woken us up and left the room and by the time we got up and out of the
bed to get out into the hallway we couldn't get through the house anywhere.
We were pretty much stuck in our bedroom. And we had no choice but to jump
from the window 20- something feet -- I don't even know how, but it was
amazingly high.
PRINGLE: Well, and you've had another daughter since.
RAGOONANAN: We have a seven-week-old baby.
PRINGLE: Congratulations.
RAGOONANAN: Thank you.
PRINGLE: Just to quickly get an answer here, Emile:
do you think, I mean all governments, this hasn't happened anywhere in the
world yet, do you think a lawsuit will force this or that it's imminent?
THERIEN: I can't comment on the lawsuit but I can
tell you that in terms of a reasonable safety counter measure it seems very
reasonable. You must understand the coroner's inquest in Toronto in 1995
recommended fire-safe cigarettes. As of yesterday the Toronto fire chief
Alan Speed came out strongly in favour of them.
So you put all these things together, the ball is in
Allan Rock's, the Minister of Health's court. He has the authority within
the Tobacco Act of 1997 to do this. So we would ask him to do it.
PRINGLE: Thank you, Emile. And thanks very much to
you [Davina] for coming in.
BOTH: Thank you.
»Family
rebuilding lives after fire ; Class-action lawsuit challenges tobacco giants
over safety:[1 Edition]
Cal Millar. Toronto Star. Toronto, Ont.:Jan 17, 2000.
p. 1
A couple who escaped from a Brampton townhouse blaze
that killed their 3-year-old daughter and two teenagers in 1998 hope no one
else will have to go through a similar tragedy.
They have launched a class-action suit and are hoping
others will join them to force Canada's tobacco companies to produce a safer
cigarette.
Fire officials in Ontario have also called for a
fireproof cigarette in the wake of a number of fires in the province that
have been blamed on cigarettes.
The townhouse blaze was blamed on a cigarette being
smoked by Philip Ragoonanan, 16, who died in the fire.
On Tuesday, Jan. 11, the same day the couple filed
their lawsuit in the Superior Court of Justice, Philip Morris in the United
States announced that within six months, it will begin offering a test
version of Merit cigarettes - encased with a new type of paper - that will
burn cooler than standard smokes, making them less prone to ignite
furnishings.
It was 2:30 a.m. on Jan. 18, 1998, when Ranuka
Baboolal, 16, awakened Davina Ragoonanan and her then live-in boyfriend,
Ronald Balkarran, to warn them their Bramalea Rd. townhouse was on fire.
Baboolal, a Westwood Secondary School student and
Philip's girlfriend, left the room to alert others in the house.
Her body was found huddled with Philip and Davina's
daughter, Jasmine, 3, in the little girl's bedroom.
"She saved our lives," Davina Ragoonanan, 25, said of
Baboolal in a recent interview.
Since the fire, Ragoonanan and Balkarran have married
and seven weeks ago their daughter, Jemaya, was born.
"God blessed us," she said.
Along with their son, Jaden, 4, they have moved into
a fourth- floor apartment on Rowntree Rd., in the Kipling and Finch Aves.
area, and are working on rebuilding their lives.
Ragoonanan broke three bones in her lower spine and
Balkarran received leg and back injuries when they jumped from a third-floor
window to escape the flames. Their young son, who was 2 at the time, was
thrown from the window by Balkarran and landed on the ground.
"There was no other way we could get out," she said.
Even though her hair caught fire, she had tried to
fight her way through flames to reach her daughter's bedroom, but the heat
was too intense.
She is still off work from her clerical job, waiting
for her injuries to heal.
"It's a daily recovery thing you have to work on,"
she said. "I can't lift anything. I can't walk for more than 10 to 15
minutes at a time. I've got metal rods in my back."
Ragoonanan said she wasn't shocked when she learned a
cigarette smoked by her brother was responsible for causing the blaze that
destroyed her home.
"We knew he was smoking," she said. "It was just hard
for us to accept that something so simple - an everyday kind of thing - was
responsible."
Ragoonanan said there were three smoke detectors in
the house, but they didn't wake her up.
"Ranuka woke us up," she said. "She came into our
room and told us there was a fire and we needed to get out."
The couple agreed to bring a legal action against
Canada's three cigarette companies after being contacted by Douglas Lennox,
a lawyer representing the Non-Smokers Rights Association.
Lennox said the group is hoping anyone who has
experienced a loss in a fire due to smoking anywhere in Canada since Oct. 1,
1987, will join the class-action suit, which claims negligence and
conspiracy against the tobacco manufacturers. It alleges manufacturers have
failed to modify the design of cigarettes to reduce the risk of fatal fires.
He was unable to estimate what the damages could
total because of the devastating effect fires blamed on cigarettes have had
across Canada. "I don't know any way to calculate the damages.
"This is off the scale."
Lennox said the lawsuit can be settled if the tobacco
companies agree to make a safer product.
He said the plaintiffs will also insist the companies
make a donation to Sunnybrook hospital's burn unit as part of any
settlement.
The case is getting some help from Dr. Jeffrey
Wigand, a former research scientist with U. S. tobacco company Brown and
Williamson, who blew the whistle on the dangers posed by cigarettes.
He has been hired as a special adviser to the
Canadian government, which has launched its own suit against tobacco
companies.
Lennox said he will be a key witness if the case goes
to trial.
Ragoonanan said if tobacco companies do not settle,
she hopes people across Canada will join the civil action.
"I think they should be held responsible," she said.
She said tobacco firms make up one of Canada's
biggest industries and she can't understand why the government hasn't
insisted they make their product safe.
»Canadians
suing over cigarett-related fires
Barbara Sibbald. Canadian Medical Association.
Journal. Ottawa:Jul 11, 2000. Vol. 163, Iss. 1, p. 73 (1 pp.)
Fire-safe cigarettes were invented more than a
century ago, but 100 Canadians still die every year in cigarette-related
fires. Now, the parents of 3 children who died in such a fire hope to force
the government and tobacco manufacturers into action. In January they
launched a class-action suit alleging that cigarettes sold by in Canada by
Imperial Tobacco Ltd., Rothmans, Benson & Hedges Inc., and JTI-MacDonald
Inc. are defective because they fail to provide reasonable protection
against house fires.
Jasmine Ragoonanan, 3, Philip Ragoonanan, 16, and
Ranuka Baboolal, 15, died in a cigarette-related fire at the Ragoonanan home
in Brampton, Ont., Jan. 18, 1998. The parents' lawyer, Douglas Lennox, says
they aren't making a "money grab. We know [the tobacco companies] have a
gazillion lawyers and could tie this up forever and kids will continue to
die. Rather than argue about money, we want a safe product"
They also want the tobacco companies to donate money
to the burn centre at Toronto's Sunnybrook Hospital.
Cigarette-related fires are the leading cause of fire
deaths in Canada, accounting for 25% of the total. In addition to the 100
annual deaths, another 300 people are injured.
Lennox has invited Canadians to join the class-action
suit if a family member has died in a smoking-related fire since Oct. 1,
1987, the date research made it blatantly obvious that fire-safety features
were available for cigarettes.
The federal government has had the authority to issue
fire-safe-tobacco regulations since the 1997 Tobacco Act was passed. Health
Minister Allan Rock told the Canada Safety Council in 1997 that safe-tobacco
regulations would be "a priority activity . . . over the next few years."
"The government hasn't done its job," says Lennox,
"so the last remedy is private litigation."
The Canadian lawsuit was launched Jan. 11, 2000, the
same day that Philip Morris, the largest US cigarette manufacturer, admitted
that it knew how to make a safer cigarette and was going to test market the
product in Buffalo. New York State recently approved legislation that
requires cigarettes to pass a fire-safety code.
Fire-safe cigarettes either go out quickly when set
down or don't generate enough energy to cause a fire. Either way, the safer
cigarettes cost the same to manufacture, are no more toxic than other
cigarettes and, according to focus group testing, taste the same as
conventional cigarettes.
The cigarettes can be manufactured with one or more
of the following features: they are thinner, more loosely packed or have
less porous paper. Cigarettes are considered fire safe if they will not
cause cotton and foam to ignite in more than 90% of tests. The first patent
for a fire-safe cigarette was filed in 1889; the US Federal Bureau of
Standards developed a fire-safe cigarette in 1929.
Lennox says present-day manufacturers are reluctant
to produce fire-safe cigarettes because this could implicate them legally
because of previous fires, and because the fire-safe product may remind
consumers that smoking also kills in other ways. A 1986 letter from the CEO
of British-American Tobacco to the CEO of its Canadian subsidiary, Imasco,
which owns Imperial Tobacco Ltd., justified the hesitation this way: "In
attempting to develop a `safe' cigarette you are, by implication, in danger
of being interpreted as accepting that the current product is `unsafe' and
this is not a position I think we should take." - Barbara Sibbald, CMAJ
Tobacco firm loses round in lawsuit over fatal fire
Kirk Makin. The Globe and Mail. Toronto, Ont.:Mar 29, 2001. p. A.1
Abstract (Summary) It is arguable that by enhancing
the addictive features of the product, they encourage obsessive use that
leads to people smoking when they are weary, unwell or likely to fall
asleep," he said. "The pertinent issue is whether, notwithstanding the
notoriety of the risks of misuse, manufacturers have deliberately designed
the product in such a way as to cause misuse." His ruling means that the
lawsuit, launched by the [Philip Ragoonanan] and Baboolal families, can move
forward to the next pretrial...
Full Text (367 words) All material copyright Bell
Globemedia Publishing Inc. or its licensors. All rights reserved.
The families of three young people who burned to
death in a fire caused by careless smoking have won a major victory against
a tobacco company that failed to make a cigarette that puts itself out.
An Ontario judge recently rejected a legal manoeuvre
by Imperial Tobacco Canada Ltd. to throw out the survivors' class-action
lawsuit on the basis that it lacked sufficient legal grounding.
Mr. Justice Peter Cumming of the Ontario Superior
Court said instead that it was plausible to argue that the company sold a
product it chose not to make safer.
"It is arguable that by enhancing the addictive
features of the product, they encourage obsessive use that leads to people
smoking when they are weary, unwell or likely to fall asleep," he said. "The
pertinent issue is whether, notwithstanding the notoriety of the risks of
misuse, manufacturers have deliberately designed the product in such a way
as to cause misuse." His ruling means that the lawsuit, launched by the
Ragoonanan and Baboolal families, can move forward to the next pretrial
stage: certification as a valid class action, suitable for trial.
Lawyers for Imperial argue that the dangers of
smoking in bed are so obvious that lawsuits should be out of the question.
A lawyer for the families, Douglas Lennox, said
yesterday that while similar lawsuits have been attempted in many countries,
no judge has permitted a case to go forward and provided reasons that can be
used as a precedent.
Three-year-old Jasmine Ragoonanan, Ranuka Baboolal,
15, and Philip Ragoonanan, 16, burned to death in the fire at the
Ragoonanans' home in Brampton, Ont., Jan. 18, 1998, when Philip fell asleep
on a couch while smoking.
Fire-safe cigarettes feature special paper and an
arrangement of concentric rings that retard burning. Mr. Lennox said.
Tobacco companies don't like them because untended cigarettes that go out
can be relit later.
"We hope to show that they value profit over people,"
he said. "These companies have for decades resisted any product changes."
Imperial's lawyers argued that just as knife or match
manufacturers are not held liable for people who harm themselves using their
products, tobacco companies are not responsible for those who smoke
carelessly.
»Canadian
tobacco firm loses round in lawsuit over fatal fire::[Final Edition]
Sudbury Star. Sudbury, Ont.:Mar 29, 2001. p. B2
Three children died after teenager fell asleep while
he was smoking
TORONTO (CP) -- The families of three young people
who burned to death in a fire caused by careless smoking have won a major
victory against a tobacco company for failing to make a cigarette that puts
itself out.
An Ontario judge recently rejected a legal manoeuvre
by Imperial Tobacco Canada to throw out the survivors' class-action lawsuit
on the basis it lacked sufficient legal grounds.
Justice Peter Cumming of the Ontario Superior Court
said instead that it was plausible to argue that the company sold a product
it chose not to make safer.
"It is arguable that by enhancing the addictive
features of the product, they encourage obsessive use that leads to people
smoking when they are weary, unwell or likely to fall asleep," Cumming said.
"The pertinent issue is whether, notwithstanding the
notoriety of the risks of misuse, manufacturers have deliberately designed
the product in such a way as to cause misuse."
His ruling means the lawsuit, launched by the
Ragoonanan and Baboolal families, can move forward to the next pretrial
stage: certification as a valid class action, suitable for trial.
Lawyers for Imperial argue that the dangers of
smoking in bed are so obvious that lawsuits should be out of the question.
A lawyer for the families, Douglas Lennox, said
Thursday that while similar lawsuits have been attempted in many countries,
no judge has permitted a case to go forward and provided reasons that can be
used as a precedent.
Three-year-old Jasmine Ragoonanan, Ranuka Baboolal,
15, and Philip Ragoonanan, 16, burned to death in the fire at the
Ragoonanans' home in Brampton.
The fire began Jan. 18, 1998, when Philip fell asleep
on a couch while smoking.
Fire-safe cigarettes, such as the U.S. brand Merit,
feature special paper and an arrangement of concentric rings that retard
burning. Lennox said. Tobacco companies don't like them because untended
cigarettes that go out can be relit later.
"We hope to show that they value profit over people,"
he said. "These companies have for decades resisted any product changes."
Imperial's lawyers argued that just as knife or match
manufacturers are not held liable for people who harm themselves using their
products, tobacco companies are not responsible for those who smoke
carelessly.
Indexing (document details) Companies: Imperial
Tobacco Ltd (NAICS: 312221, Duns:24-057-6553 ) Document types: Business
Dateline: TORONTO Section: News
»Suit
targeting firm for failing to make 'fire-safe' cigarettes gets go-ahead
Canadian Press NewsWire. Toronto:Mar 10, 2005.
TORONTO (CP) - A class-action lawsuit targeting a big
tobacco company for making cigarettes that can easily ignite mattresses and
upholstery has passed a major legal obstacle.
Justice Maurice Cullity of the Ontario Superior Court
of Justice refused Wednesday to throw out the lawsuit against Imperial
Tobacco Canada Ltd., saying a judge or jury ought to be able to hear the
evidence of expert witnesses and draw their own conclusions.
The families of three young people who burned to
death launched the lawsuit, which seeks to represent all Canadians who were
injured or killed in smoking-related fires since 1987.
The plaintiffs allege that Imperial knew or should
have known that it could manufacture "fire-safe" cigarettes, yet failed to
do so.
"After four years of litigating this important
motion, this proposed class action is now well positioned to provide access
to justice for Canadians who have needlessly suffered damages, burns and
death from cigarette-related fires," said Joel Rochon, a lawyer for the
plaintiffs.
Jasmine Ragoonanan, 3, Ranuka Baboolal, 15, and
Philip Ragoonanan, 16, burned to death in a fire at the Ragoonanan's home in
Brampton, Ont., on Jan. 18, 1998, when Philip allegedly fell asleep on a
couch while smoking.
In its attempt to end the case, Imperial claimed that
no link could be established between its conduct and the fire at the
Ragoonanan home.
The company pointed to inconclusive results by the
Ontario Fire Marshall's office and raised the possibility that the blaze was
electrical. It also argued that the fire might have occurred regardless of
whether Imperial manufactured fire-safe cigarettes.
Cullity noted that a former senior Imperial employee
is prepared to state that the company did research into the possibility of
manufacturing fire-safe cigarettes "before a decision was made to terminate
it and suppress any results that had been obtained."
Fire-safe cigarettes feature special paper and an
arrangement of concentric rings that retard burning. The plaintiffs allege
that tobacco companies don't like them because untended cigarettes that go
out can be relit later.
(Globe and Mail)
Indexing (document details) Subjects: Crime, Social
problems, Business, Litigation Classification Codes 9172 Companies: Imperial
Tobacco Canada Ltd. Author(s): Anonymous Document types: News Publication
title: Canadian Press NewsWire. Toronto: Mar 10, 2005. Source type:
Periodical ProQuest document ID: 809511701 Text Word Count 337
|