Court extends order suspending legal proceedings against big tobacco companies

JTI-Macdonald Corp., Rothmans, Benson & Hedges and Imperial Tobacco Canada Ltd. were granted protection from their creditors

An Ontario court has extended an order that suspended legal proceedings against three big tobacco companies.

JTI-Macdonald Corp., Rothmans, Benson & Hedges and Imperial Tobacco Canada Ltd. were granted protection from their creditors last month after they lost an appeal in a multibillion-dollar case in Quebec.

On March 1, Quebec’s highest court upheld a landmark judgment that ordered the companies to pay more than $15 billion to smokers who were part of two class-action lawsuits.

The companies quickly secured creditor protection in Ontario, putting all legal proceedings on hold so that a global settlement could be negotiated with all those who have claims against them, including the class-action members and several provincial governments.

The stay was set to expire at midnight Friday but Ontario Superior Court Justice Thomas McEwen agreed to push the deadline to June 28.

However, McEwen has yet to rule on a motion that could lift the stay and send the matter back to the Quebec court of appeal. That decision is expected the week of April 15.

Lawyers representing the class-action members argued earlier this week that the stay in their case should be revoked if the companies intend to appeal the Quebec ruling to the Supreme Court of Canada.

Appealing would mean the companies do not recognize their debt to the class-action members, which means they would not be negotiating a settlement in good faith, the lawyers argued Thursday.

What’s more, the possibility of an appeal that would further prolong the case could be used as leverage in negotiations, they said.

The lawyers said if the companies intend to seek leave to appeal to the Supreme Court, they should instead ask the Quebec appeal court to suspend the implementation of its judgment until the appeal process is over.

The companies have said they had no choice but to seek protection from their creditors, and said the Ontario court was the appropriate venue to deal with the issue.

Lawyers representing several provinces — including British Columbia, Saskatchewan, Nova Scotia and New Brunswick — have opposed the class-action members’ application, saying it would give preferential treatment to claimants in one province over the others.

Paola Loriggio, The Canadian Press

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