Canadian Litigation Timeline

Date

Event

 

CCAA orders can be viewed here: http://cfcanada.fticonsulting.com/ImperialTobacco/courtOrders.htm

2023

 

March 28

Justice McEwen extends CCAA stay until

2022

 

September 29

Justice McEwen extends CCAA stay until March 31, 2022l 


March 30

Justice McEwen extends CCAA stay until September 30, 2021

2020

 

September 29, 2020

Justice McEwen extends CCAA stay until March 31, 2021. Order

March 16, 2020

Justice McEwen extends CCAA stay until September 30, 2020. Order

2019

 

October 2019

Justice McEwen extends until March 8, 2020. Order.

June 26, 2019

Justice McEWen extends stay until October 2019. Order

April 23, 2019

Justice McEwen extends the CCAA stay until June 2019,  Reasons for decision

Mar 22, 2019.

Justice Patillo of the Ontario Superior Court gives Rothmans, Benson and Hedges creditor protection under the CCAA, extends stay of proceedings till April 19. OrderReasons

Mar 19, 2019

Justice McEwen of the Ontario Superior Court amends the terms of the JTI-Macdonald interim order to prevent the company from transferring funds to related companies. OrderReasons.

Mar 12, 2019

Justice McEwen of the Ontario Superior Court gives Imperial Tobacco creditor protection under the Companies’ Creditors Arrangement Act, extends stay of proceedings on legal actions and sets up a Tobacco Claims Coordinator. OrderReasons

Mar 8, 2019

Justice Hainey of Ontario Superior Court gives JTI-Macdonald creditor protection under the Companies’ Creditors Arrangement Act and imposes one-month suspension on all lawsuits against any of the three large tobacco companies. Order  Reasons

July 13, 2019

Supreme Court of Canada strikes down B.C Court of Appeal ruling regarding access to health care records. Ruling

Mar 7, 2019

New Brunswick Court orders that the province must provide anonymized medical records for 1,273 New Brunswick residents to experts hired by the defendant tobacco companies. Ruling.

Mar 1, 2019

Quebec Court of Appeal upholds ruling against companies in the Blais Létourneau class actions.  Ruling

2018

July 13, 2018

Supreme Court of Canada strikes down B.C Court of Appeal ruling regarding access to health care records Ruling

2017

August 2017

B.C. Supreme Court rejects Imperial Tobacco’s request to have the Knight class action (Light cigarettes) dismissed because of delay. Ruling.

July 2017

Supreme Court of Canada agrees to hear appeal of B.C. Court of Appeal decision regarding access to health care records. Docket.

June 2018

New Brunswick Court sets trial date of November 4, 2019. Ruling

February 15, 2017

B.C. Court of Appeal rules in favour of PMI/RBH having access to health care records. Ruling.

January 2017

Supreme Court denies request for appeal of NB Court ruling on access to records.

2016

Sept 2016

RBH seeks leave to Appeal NB Court ruling on access to records. Docket

Sept 2016

RBH seeks leave to Appeal NB Court ruling on access to records. Docket

Sept 2016

B.C. Court of Appeal partially upholds decision to give intervenor status to the Information and Privacy Commissioner. Ruling

June 2016

New Brunswick 

Court of Appeal refuses Rothmans’ request for leave to Appeal Justice Cyr’s June ruling. Decision

June 2016

New Brunswick.

Justice Cyr of the New Brunswick Court of Queen’s Bench rejects the request of Rothmans, Benson & Hedges and Philip Morris International for data on health care services received by residents of New Brunswick. Ruling

May 2016

Newfoundland

Tobacco companies file their defence statements

ALTRIA

BAT Industries

BAT Investments

BAT PLC

Carreras Rothmans

Canadian Tobacco Manufacturers Council

Imperial Tobacco Canada Ltd.

JTI-MacDonald 

Philip Morris International

Philip Morris USA

Rothmans, Benson & Hedges

RJ Reynolds Tobacco Company

RJ Reynolds International

May 5, 2016

Quebec

Supreme Court of Canada dismisses JTI-Macdonald’s request for a review of the Tobacco-related Damages and Health Care Costs Recovery Act. Decision

April 2016

Ontario 

Tobacco companies file their defence statements.

Altria Group

BAT Industries

BAT Investments

BAT PLC

Carreras Rothmans

Canadian Tobacco Manufacturers Council

Imperial Tobacco Canada Ltd.

JTI-MacDonald 

Philip Morris International

Philip Morris USA

Rothmans, Benson & Hedges

RJ Reynolds Tobacco Company

RJ Reynolds International

March 2016

Alberta

Tobacco companies file their defence statements

ALTRIA

BAT Industries

BAT Investments

BAT PLC

Carreras Rothmans

Canadian Tobacco Manufacturers Council

Imperial Tobacco Canada Ltd.

JTI-MacDonald 

Philip Morris International

Philip Morris USA

Rothmans, Benson & Hedges

RJ Reynolds Tobacco Company

RJ Reynolds International

January 1, 2016

OntarioSuperior Court Master directs defendant tobacco companies to file their defences by   the end of March Ruling.  

July 28, 2015

British ColumbiaCourt weighs in on a dispute over assignment of costs against tobacco companies related to third-party claims against federal government. Ruling

2015

December 21, 2015

Newfoundland

Justice Goodridge rejects most defendant requests to force government to provide additional information on its suit. Ruling.  

October 27, 2015

QuebecCourt of Appeal orders RBH and ITL to post security during their appeal of the Blais-Létourneau ruling. Ruling

September 28, 2015

QuebecCourt of Appeal upholds the constitutionality of the Tobacco-related Health Care Costs Recovery Act. Ruling.  

July 28, 2015

British ColumbiaCourt weighs in on a dispute over assignment of costs against tobacco companies related to third-party claims against federal government. Ruling

July 23, 2015

QuebecQuebec Court of Appeal strikes down the provisional execution component of Justice Riordan's ruling in the Blais-Létourneau case. Ruling

May 27, 2015

QuebecJustice Brian Riordan issues his judgement in the CQTS/Blais-Létourneau  class action trial. Judgment.

May 20, 2015

British ColumbiaJustice N. Smith of B.C.'s Supreme Court grants Philip Morris access to the British Columbia database containing information about the health care of British Columbians. Ruling 2015 BCSC 844

January 2, 2015

Nova ScotiaGovernment files a lawsuit against tobacco companies for recovery of health care costs. Statement of Claim.

2014

December  2014

QuebecTobacco companies file their defence against that government's recovery suit:

Imperial Tobacco Canada
Rothmans, Benson and Hedges
JTI-Macdonald
CTMC
British American Tobacco

British American Tobacco Investments
RJ-Reynolds
RJ-Reynolds International
Philip Morris USA
Philip Morris International
Carreras Rothmans

September 23, 2014

British ColumbiaJustice Smith rejects the government's request for an advance ruling on whether their tax revenues or previous policy should be taken into consideration in determining any recovery payable by the companies. Ruling 2014 BCSC 1782

July 29, 2014

Manitoba:Justice Joyal rejects the request of the tobacco companies for the government of Manitoba to provide more details on the allegations made about them in the provincial statement of claim. Ruling 2014 MBQB 160

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. Ruling2014 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 require companies to pay Ontario for costs of defending its law. Ruling: 2013 ONCA 353.

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 DefenceJTI_M Defence)

September 12, 2012

Prince Edward Island files a claim against tobacco companies operating in Canada and their offshore parent companies. Press releaseStatement 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

June 8, 2012

Alberta government files a statement of claim against tobacco companies and their off-shore parent companies. Damages sought are $10 billion. Statement of claim

June 8, 2012

Saskatchewan files a statements of claim against tobacco companies.news story Statement of Claim. (It was amended on October 2012 -Amended version)

June 8, 2012

Manitoba files a statement of claim against tobacco companies. Press release.

April 25, 2012

Federal

Imperial Tobacco launches challenge to health warnings implemented as a result of Health Canada's 2011 Regulation. Statement of Claim.

April 3, 2012

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

November 2, 2010

Quebec Superior Court rejects the Quebec government request to dismiss the challenge to its Tobacco-related Damages and Health Care Costs Recovery Act.

Ruling

November 1, 2010

Nunavut legislature assents to the Tobacco Damages and Health Care Costs Recovery Act. Law

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 10, 2009

Ontario Superior Court rules on a request by the British Columbia government for consideration in the bankruptcy protection covering JTI-Macdonald. The ruling reveals that the federal government had challenged the “fraudulent conveyance” of JTI-Macdonald’s corporate restructuring. Ruling

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 claimNotice 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

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, 1997Press releaseSpeaking 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 ClaimWrit 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.