Andre Lesperance, one of the class action lawyers, holds up a copy of the decision by the Quebec Court of Appeal’s to uphold a Superior Court ruling in two class-action lawsuits against three tobacco companies, Friday, March 1, 2019 in Montreal. (Ryan Remiorz/The Canadian Press)

Andre Lesperance, one of the class action lawyers, holds up a copy of the decision by the Quebec Court of Appeal’s to uphold a Superior Court ruling in two class-action lawsuits against three tobacco companies, Friday, March 1, 2019 in Montreal. (Ryan Remiorz/The Canadian Press)

Appeals Court upholds landmark ruling ordering tobacco companies to pay billions

Imperial Tobacco, JTI-Macdonald and Rothmans-Benson & Hedges had appealed a ruling

In what is being described as a major defeat for the tobacco industry, the Quebec Court of Appeal on Friday upheld a landmark judgment ordering three companies to pay billions of dollars in damages to Quebec smokers.

Imperial Tobacco, JTI-Macdonald and Rothmans-Benson & Hedges had appealed a ruling that found the companies chose profits over the health of their customers.

In June 2015, Quebec Superior Court Justice Brian Riordan ordered the companies to make payments of more than $15-billion to smokers who either fell ill or were addicted. At the time, the ruling was believed to be the biggest class action award in Canadian history.

Lise Blais, the widow of a man who died from smoking-related illness, said Friday she was sorry her husband couldn’t be there to share the moment. Jean-Yves Blais, one of the case’s original plaintiffs, died of lung cancer in September 2012 at the age of 68.

“During the trial, the tobacco companies said it was the fault of the smokers, but for me it isn’t. They played hide-and-seek with smokers,” she said.

She said her husband began smoking in the 1950s, when people weren’t aware of the risks, and he was unable to quit despite trying three times. “They’re liars,” she said of the tobacco companies.

She described Friday’s decision as a victory, but noted it is unlikely to be the end of the road for victims, given the likelihood that the matter will end up before the Supreme Court of Canada.

Philippe Trudel, a lawyer for smokers who brought the class action, called Friday’s decision a complete victory. Trudel estimated that after the appeal ruling, the total damages owed by the companies would be more than $17-billion.

“It is excellent news for victims who have been waiting for this day for a long time. We’re very happy with the result, clearly,” he said.

Quebec’s highest court, which began hearing the appeal in 2016, struck down almost all of the tobacco companies’ grounds for appeal. The five-judge panel confirmed that the companies failed in their duty to inform their customers of the risks of smoking and failed to demonstrate that consumers were aware of the risk.

The judges concluded that the companies understood that their marketing strategies would expose consumers to the risk of addiction or fatal disease. “In so doing, they certainly infringed in an illicit and intentional fashion the rights to life, to personal security and to inviolability” of the plaintiffs, the court ruled.

The 422-page decision concluded that the tobacco companies failed to demonstrate errors of law in the lower court ruling, “except on certain minor points.”

Rothmans-Benson & Hedges denounced the judgment and said it would seek leave to appeal to the Supreme Court.

“Today’s decision by the Court of Appeal changes a fundamental principle of class action law and allows class-wide recovery of damages without proof from even a single class member,” the firm’s managing director, Peter Luongo, said in a statement.

“We believe this unprecedented change in the law warrants review and reversal by the Supreme Court of Canada.”

Eric Gagnon, a spokesman for Imperial Tobacco, said the company was disappointed by Friday’s decision.

“We’ve shown that adult consumers have known the risks associated with tobacco for decades,” he said. “We also know that it’s the federal government that gives us the license to allow us to operate in this market, and we followed the laws and regulations,” he told reporters.

JTI-Macdonald Corp. issued a statement saying it “fundamentally disagrees” with the decision. JTI-Macdonald and Imperial indicated they are also considering appealing to the Supreme Court of Canada.

The Court of Appeal did find the judge erred in several minor aspects, including how the interest was calculated. Trudel called the change a “technicality” that would have little effect on the overall damages.

“Out of all the billions, I don’t think they’ll call it a victory,” he said. ”But we call it a total victory on all fronts.”

Friday’s decision is the latest step in a case that has been before the courts for more than 20 years. The companies were targeted in two lawsuits heard at the same time, which were filed in 1998 and only argued in court in 2012. They covered roughly 100,000 smokers who took up the habit between 1950 and 1998.

One lawsuit was started by people who were addicted to cigarettes and couldn’t quit, and the second was brought by those who had suffered from cancer or emphysema.

Some 76 witnesses testified at the Superior Court trial and nearly 43,000 documents were entered into evidence, including internal tobacco company documents that showed smokers didn’t know or understand the risks associated with cigarettes.

Morgan Lowrie, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Ottawa serial killer Camille Joseph Cleroux died of natural causes at Abbotsford’s Pacific Institution on Sunday.
Serial killer housed at Abbotsford’s Pacific Institution dies of natural causes

Camille Joseph Cleroux announced dead on Sunday, known as notorious Ottawa serial killer

A peregrine falcon nest sits atop the walls of a quarry where the owner wants to restart operations. The province has now given permission for the nest to be removed. (Tyler Olsen/Abbotsford News)
Company gets OK to remove rare peregrine falcon nest from Abbotsford quarry

Province says it is satisfied with falcon population estimates and mitigation plans

Abbotsford’s Hailey Maurice, shown here with the Fraser Valley Rush, has committed to the MacEwan University Griffins women’s hockey team. (Tiffany Luke photo)
Abbotsford’s Hailey Maurice signs with MacEwan University Griffins

Local women’s hockey prospect set to join women’s hockey team later this year

This urn was found Jan. 4 at a Yale Road bus stop and has now been returned to its owner. (RCMP photo)
RCMP find custodian of urn that was left at Chilliwack bus stop

Police say the urn contained the remains of a family’s cat

Abbotsford’s Canwest Aero Inc. is offering two pilot training scholarships to celebrate the company’s opening at the Abbotsford International Airport
Abbotsford aviation company offering two free pilot scholarships

Canwest Aero Inc. giving away pair of scholarships valued at $2,500 each

Syringe is prepared with one of B.C.’s first vials of Pfizer vaccine to prevent COVID-19, Victoria, Dec. 22, 2020. (B.C. government)
B.C.’s COVID-19 caseload stays steady with 465 more Tuesday

No new outbreaks in health care facilities, 12 more deaths

New Westminster TV production designer, Rick Whitfield, has designed an office in a box for British Columbians in need of a private workspace. (BC Box Office photo)
PHOTOS: B.C. man designs ‘box office’ solution for those working from home

‘A professionally designed workspace on your property, away from the distractions of home’

(Pixabay photo)
VIDEO: Tip to Metro Vancouver transit police helps woman 4,000 km away in Ohio

Sgt. Clint Hampton says transit police were alerted to a YouTube video of the woman in mental distress

A woman types on her laptop in Miami in a Monday, Dec. 12, 2016, photo illustration. THE CANADIAN PRESS/AP/Wilfredo Lee
British Columbia government lax on cybersecurity practices, auditor reports

The audit did not highlight a specific threat, but it found breaches in cybersecurity are increasing globally

A child joins the Uke ‘n Play kickoff event at the Chilliwack Library on Oct. 1, 2016. (Jenna Hauck/ Chilliwack Progress file)
Events return, in virtual form, at Fraser Valley Regional Library

People can take part in ukulele jam, bullet journaling, reading groups and more

Cranbrook Food Bank coordinator Deanna Kemperman, Potluck Cafe Society executive director Naved Noorani and Sunshine Coast Community Services Society executive director Catherine Leach join B.C.’s new Municipal Affairs Minister Josie Osborne on a video call about B.C. gaming grants, Jan. 19, 2021. (B.C. government)
B.C. gaming grants reorganized for COVID-19 priorities

Minister highlights community kitchens, food banks

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Pixabay photo)
‘Cocaine bananas’ arrive at Kelowna grocery stores after mix up from Colombia: RCMP

Kelowna RCMP recently concluded an international drug investigation after finding cocaine in local grocers’ banana shipments in 2019

People wearing face masks to curb the spread of COVID-19 walk past a window display at a store in downtown Vancouver, on Sunday, December 13, 2020. The association representing businesses across Metro Vancouver says the costs of COVID-19 continue to mount for its members.THE CANADIAN PRESS/Darryl Dyck
Greater Vancouver business organization says members face uncertain outlook in 2021

Many Greater Vancouver businesses are barely treading water as they enter 2021

Most Read