A tobacco victim whose mother died of lung cancer before receiving compensation regrets the slowness of the class action lawsuit against Canadian tobacco companies, which on Thursday won a stay of protection against their creditors for the 10th time since 2019.
“We have the impression that we are being laughed at, we are asking ourselves more and more whether we are really getting compensation. It looks like they’re waiting for us all to die,” sighs Sylvie Aubin.
Since 2015, Ms Aubin has been one of the victims of the class action lawsuit against cigarette companies TI-Macdonald Corp, Rothmans, Benson & Hedges and Imperial Tobacco Canada Ltd.
She signed on after her mother, who was closely following the case, died of lung cancer linked to her tobacco use a few months before the Superior Court of Quebec’s ruling.
“It’s a question of recognition. They have lined their pockets for years by lying to us and spoiling our health, they have to pay for that,” says the 60-year-old.
Another grace period
These three Canadian cigarette companies have been struggling financially since a Quebec Court of Appeals ruling in 2019 (see below) and have sought the protection of federal law to secure a restructuring plan.
A situation that initially had to be settled by the following June 28 at the latest. But more than three years later, after at least 670 Quebecers registered for the action have died, negotiations are still ongoing.
We learned Thursday that Ontario Judge Thomas McEwen has given them an additional six-month deadline to settle with their creditors until September 29, 2023. This is the tenth such delay since 2019.
“There is no indication that the plaintiffs do not continue to act in good faith […]. Ontario is confident that negotiations will reach a conclusion,” McEwen said in his assessment.
” That’s enough ! “
For the Quebec Council on Tobacco and Health (CQTS), which represents Quebec smokers and ex-smokers, the wait has been long enough.
Misunderstanding and frustration are felt among the victims, who begin to question the justice system.
“It doesn’t make sense that after 4 years we haven’t reached an agreement. Our victims have been waiting for 25 years. That’s enough ! pleads the managing director of the CQTS, Annie Papageorgiou.
Supported by the Quebec government, the Canadian Cancer Society and representatives of a similar class action lawsuit in British Columbia, the CQTS requested that the stay granted to tobacco companies should not exceed three months.
“We had high hopes, let’s just say we would have wished for a different result. But we will continue to fight for this to be the last deadline granted,” says Ms. Papageorgiou.
A struggle that lasted 25 years
- 1998 : Filing of two motions for authorization to bring a class action lawsuit against tobacco companies TI-Macdonald Corp, Rothmans, Benson & Hedges and Imperial Tobacco Canada Ltd
- 1999-2004 : Submission of several requests from tobacco companies for annulment of the requested remedies
- 2005 : Quebec Supreme Court authorizes class action lawsuits against tobacco companies.
- 2012 : Start of litigation in connection with the two class action lawsuits
- December 2014 : End of the trial after 253 days of hearings, the questioning of 76 witnesses and the reading of 43,000 documents admitted to the evidence
- May 2015 : Quebec Supreme Court orders tobacco companies to pay approximately $15 billion in criminal and moral damages to 100,000 Quebecers who are smokers or ex-smokers.
- November 2016 : The cigarette companies are trying to get the Québec Court of Appeals to overturn the Supreme Court ruling.
- March 1, 2019 : Five appeals court judges unanimously rule, upholding tobacco companies’ responsibility and ordering them to pay about $14 billion to Quebec’s 100,000 victims.
- March 8, 12 and 22, 2019 : Tobacco companies are given the right by the Ontario Superior Court to seek protection under the Companies’ Creditors Arrangement Act while they restructure their finances.
- March 30, 2023 : Tobacco companies have been granted a 10th stay request to allow them to continue negotiations with their creditors. To date, not a cent has been donated to tobacco victims.
Source: Quebec Council on Tobacco and Health (CQTS)
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