The Montreal tobacco trial is scheduled to resume next Monday at the end of a three-week Christmas break.
It's beginning to feel like the home stretch. After 22 calendar-months of trial -- and with only 30-ish sitting days left before the tobacco companies will likely have finished presenting the evidence in their defence -- the end of the trial hearings is coming into view. The only two chapters that will remain will be the shorter list of witnesses in "counter-proof" and the closing arguments.
Or at least it seems that way. But will this case merely roll forward to the finishing line?
If this were a novel, these final chapters would be the point at which the author would introduce a deus ex machina or other plot device to liven things up. And certainly the tobacco companies' lawyers have every motivation to make sure the natural conclusion of these proceedings is never reached.
The last attempt at a plot twist
Last year at this time, you may recall, the defence team attempted their own form of plot spoiler when they signalled on the first day back from the Christmas break that they would try to have the case thrown out mid-trial. And, as if to make this a more palatable option, it was accompanied by a witness list that would choke the proverbial horse, or at least choke the court for an additional 200 days.
In the end, these attempts to change the story line of the trial became a minor sub-plot. Justice Riordan gave a firm "no" to their call for a mid-trial dismissal, and also put his foot down about how much court time they could count on for their defence. (He limited them to 175 days in which to have their witnesses testify).
The trial went on, and the lengthy witness list faded away. By the time they run through their witnesses, the defence will have likely used only half the time limit imposed on them, and less than a third of the time they said they would need. (As shown on the tables below, they threatened 108 days of government witness time, but used only 12 days. Time required for their own current or former employees dwindled from 71 days predicted last January to only 33).
The only question mark on the schedule at this time is whether or not Quebec smokers can be called on to testify, and, if so, whether Imperial Tobacco will follow through on its threat to spend 50 days on this activity. Discussion on this part of the trial has been suspended until the Court of Appeal has listened to the industry's reason why it should overturn Justice Riordan's ruling to shield these witnesses against questions on their medical and smoking histories. That hearing is now scheduled for February 28th.
The trial resumes on Monday January 13th, with the return appearance of Peter Hoult. Unless, that is, something unexpected happens.
Defence Proof Fact Witnesses: Days of testimony
Estimates were given in pre-trial reports (February 2012), in schedules partially displayed in court (January and April 2013), and in schedules made available (June and August, 2013).
External Fact Witnesses:
Internal Fact Witnesses
It's beginning to feel like the home stretch. After 22 calendar-months of trial -- and with only 30-ish sitting days left before the tobacco companies will likely have finished presenting the evidence in their defence -- the end of the trial hearings is coming into view. The only two chapters that will remain will be the shorter list of witnesses in "counter-proof" and the closing arguments.Or at least it seems that way. But will this case merely roll forward to the finishing line?
If this were a novel, these final chapters would be the point at which the author would introduce a deus ex machina or other plot device to liven things up. And certainly the tobacco companies' lawyers have every motivation to make sure the natural conclusion of these proceedings is never reached.
The last attempt at a plot twist
In the end, these attempts to change the story line of the trial became a minor sub-plot. Justice Riordan gave a firm "no" to their call for a mid-trial dismissal, and also put his foot down about how much court time they could count on for their defence. (He limited them to 175 days in which to have their witnesses testify).
The trial went on, and the lengthy witness list faded away. By the time they run through their witnesses, the defence will have likely used only half the time limit imposed on them, and less than a third of the time they said they would need. (As shown on the tables below, they threatened 108 days of government witness time, but used only 12 days. Time required for their own current or former employees dwindled from 71 days predicted last January to only 33).
The only question mark on the schedule at this time is whether or not Quebec smokers can be called on to testify, and, if so, whether Imperial Tobacco will follow through on its threat to spend 50 days on this activity. Discussion on this part of the trial has been suspended until the Court of Appeal has listened to the industry's reason why it should overturn Justice Riordan's ruling to shield these witnesses against questions on their medical and smoking histories. That hearing is now scheduled for February 28th.
The trial resumes on Monday January 13th, with the return appearance of Peter Hoult. Unless, that is, something unexpected happens.
Defence Proof Fact Witnesses: Days of testimony
Estimates were given in pre-trial reports (February 2012), in schedules partially displayed in court (January and April 2013), and in schedules made available (June and August, 2013).
* Witness identified, but number of days of testimony required was not specified or not shown in court..
** Estimate based on days of testimony projected in 2014
External Fact Witnesses:
Feb
2012 |
Jan
2013 |
Apr
2013 |
Jun
2013 |
Aug
2013 |
Actual
|
|
Witnesses related to Health Canada |
||||||
Bacynsky, JA
|
1
|
1
|
1
|
|||
Beatty, P
|
*
|
1
|
1
|
|||
Bégin, M
|
2
|
2
|
||||
Bouchard B
|
0.5
|
1
|
||||
Bray, DF
|
2
|
2
|
||||
Catley Carlson, M
|
1
|
|||||
Cherry, WH
|
8
|
1
|
||||
Choinière, D
|
*
|
2
|
*
|
2.5
|
2.5
|
|
Colburn, HN
|
10
|
|||||
Collishaw, N
|
*
|
*
|
12
|
1
|
||
Crombie, D
|
1
|
0.5
|
1
|
|||
Dodge, D
|
1
|
|||||
Forbes, WF
|
*
|
|||||
Fry, JL
|
1
|
1
|
1
|
|||
Jean, M
|
1
|
|||||
Kaiserman, M
|
5
|
*
|
4
|
2
|
||
Kirkwood, D
|
15
|
1
|
1
|
|||
Lalonde, M
|
7
|
*
|
3
|
*
|
3
|
3
|
Law, M
|
3
|
16
|
1
|
1
|
||
Leclair, M
|
2
|
1
|
||||
Liston, AJ
|
5
|
*
|
4
|
3
|
2
|
|
MacEachen, A
|
*
|
1
|
||||
Morrison, AB
|
10
|
*
|
1
|
|||
Neville, B (CTMC)
|
*
|
|||||
Rawson, B
|
2
|
2
|
2
|
|||
Rickert, B
|
1
|
*
|
2
|
1
|
||
Robinson, J
|
*
|
7
|
1
|
|||
Rogers, B
|
*
|
1
|
||||
Total Health
|
41
|
89
|
7
|
30.5
|
7.5
|
|
Witnesses related to Agriculture Canada |
||||||
Ashby, E
|
0.5
|
0.5
|
||||
Basrur, PK
|
1
|
|||||
Brandle, JM
|
1
|
*
|
1
|
1
|
1
|
|
Cartier, J
|
*
|
2
|
1
|
|||
Court, W
|
*
|
*
|
2
|
1
|
||
Johnson, PW
|
5
|
3
|
2
|
2
|
1
|
|
Marks, CF
|
5
|
*
|
1
|
2
|
2
|
2
|
Martel, Y
|
*
|
1
|
1
|
1
|
||
Pandeya, RS
|
3
|
*
|
3
|
2
|
2
|
|
Rosa, N
|
1
|
|||||
Size, C
|
0.5
|
½
|
||||
Walker, K
|
2
|
|||||
Zilkey, B
|
3
|
*
|
3
|
2
|
2
|
1.5
|
Total Agriculture
|
19
|
19.5
|
10
|
12
|
4.5
|
|
Total Government
|
60
|
108.5
|
17
|
42.5
|
12
|
|
Internal Fact Witnesses
Feb
2012 |
Jan
2013 |
Apr
2013 |
Jun
2013 |
Aug
2013 |
Actual
|
|
Imperial Tobacco
|
||||||
Bandur, R
|
1
|
1
|
||||
Barnes, L**
|
1
|
1
|
1
|
?1
|
||
Blanche, N
|
1
|
1
|
||||
Boswall, A
|
3
|
1
|
||||
Broswall, G
|
1
|
1
|
||||
Chan, A
|
3
|
2
|
||||
Crawford, P
|
2
|
|||||
Duplessis, G
|
5
|
3
|
2
|
2
|
3
|
|
Goode, 1
|
1
|
1
|
||||
Hirtle, K
|
1
|
1
|
||||
Hogg, J (CTMC Grantee)
|
0.5
|
|||||
Kalhok, A
|
3
|
1,5
|
2
|
1
|
||
Kemball, B
|
4
|
2
|
2
|
|||
Massey, S
|
10
|
10
|
||||
Mercier, JL
|
2
|
2
|
1.5
|
2
|
||
Porter, A
|
4
|
3
|
2
|
2
|
||
Potter, S**
|
2
|
1
|
1
|
1
|
||
Read, G
|
5
|
3
|
3
|
3
|
||
Ricard, E
|
4
|
4
|
2
|
2
|
1
|
|
Robitaille, R
|
1
|
|||||
Sinclair K
|
1
|
|||||
Total ITL
|
21
|
46
|
21.5
|
23
|
15.5
|
|
Rothmans, Bensons and Hedges
|
||||||
Barnett, J
|
1
|
1
|
1
|
|||
Black, G
|
1
|
1
|
1
|
|||
Chapman, S
|
2
|
2
|
2
|
2
|
3
|
|
Other marketing
|
1
|
1
|
1
|
|||
Other Executive
|
0.5
|
1
|
1
|
|||
Total RBH
|
4.5
|
3
|
6
|
6
|
3
|
|
JTI-Macdonald
|
||||||
Gage EP
|
n/a
|
n/a
|
n/a
|
3
|
||
Gentry, J
|
*
|
4
|
2
|
2
|
2
|
|
Hood, J
|
*
|
|||||
Hoult, P**
|
*
|
6
|
4
|
3
|
3**
|
|
Howie, R
|
*
|
4
|
2
|
2
|
2
|
|
Lane, F
|
*
|
|||||
Lang, Ed
|
*
|
|||||
Marcotulio, R
|
*
|
4
|
2
|
2
|
||
Massicotte, GP
|
*
|
1
|
1
|
|||
Newman, L**
|
1
|
1
|
3**
|
|||
Piehl, D
|
*
|
|||||
Poirier, M
|
*
|
|||||
Robb, R
|
*
|
4
|
2
|
2
|
2
|
|
Sauro, M
|
0.5
|
0.5
|
||||
Trudelle, M
|
*
|
1
|
1
|
|||
Walker, W
|
0.5
|
0.5
|
||||
Total JTI
|
22
|
16
|
15
|
14
|
||
Total In-house
|
71
|
43.5
|
44
|
32.5**
|
||
