Two class actions against tobacco industry get the go-ahead
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《英国医生杂志》
Canada抯 three main tobacco companies will be forced to defend the safety of their products in a class action lawsuit that could be worth more than $C15bn (?.3bn; ?2.1bn; �9.2bn) in claims, as a result of the peculiarity of a Quebec law.
In a landmark decision Mr Justice Pierre Jasmin has "certified" two class action lawsuits against JTI-Macdonald; Rothmans, Benson & Hedges; and Imperial Tobacco, meaning that, under Quebec law, no appeal is possible and the case must go to trial.
Bruce Johnston, a lawyer for the plaintiffs, said, "It is hard to emphasise how significant this decision is." He said that similar class action lawsuits in other jurisdictions had been decertified after appeals possible in those jurisdictions, apart from a few cases that were based on charges of the misleading nature of so called light or mild cigarettes. "Our case cannot be decertified," he said. "It is the only case that we know that is certain to go to trial."
Mr Johnston represents Cecilia Letourneau, 58, of Rimouski, Quebec—who has been smoking since she was 19 and has been unable to stop—on behalf of about two million people in the province. This number includes smokers currently addicted to nicotine as well as family members of smokers who have died. He is seeking punitive damages of $C5000 for each person and will reserve the right for each person to present individual claims to compensate for their sufferings.
The other plaintiff is Jean-Yves Blais, 60, a taxi driver who, after smoking for 40 years, had an operation for lung cancer. His lawyers hope to compensate more than 40000 smokers or former smokers who have emphysema or cancers of the lung, larynx, or throat. The estates of any who die would be eligible for compensation from the tobacco manufacturers.
Both class actions contend that the industry tried to hide the risks associated with its products.
Yves-Thomas Dorval, Imperial Tobacco抯 head of public affairs, said the company will fight the suits and was confident of winning. The other tobacco companies also said they would fight the suits.
"People have known now for at least 50 years of the risks involved with smoking," said Mr Dorval. "The company cannot be held responsible for everything being claimed in these class action suits. The real winners will be the legions of lawyers who will be employed for years to come trying to deal with the individual issues that are inevitable in this type of class action."
Mr Blais抯 suit was launched in 1998 by the Quebec Council on Tobacco and Health and is said to be the longest Canadian hearing on class action certification.
A previous attempt to certify a class action suit against tobacco companies in Ontario failed in 1995. Mr Justice Winkler refused to certify the proceedings, saying that the class action definition was defective, that there was a lack of common issues, and that a class proceeding would be unmanageable, requiring "the equivalent of a thousand years of litigation."(Quebec David Spurgeon)
In a landmark decision Mr Justice Pierre Jasmin has "certified" two class action lawsuits against JTI-Macdonald; Rothmans, Benson & Hedges; and Imperial Tobacco, meaning that, under Quebec law, no appeal is possible and the case must go to trial.
Bruce Johnston, a lawyer for the plaintiffs, said, "It is hard to emphasise how significant this decision is." He said that similar class action lawsuits in other jurisdictions had been decertified after appeals possible in those jurisdictions, apart from a few cases that were based on charges of the misleading nature of so called light or mild cigarettes. "Our case cannot be decertified," he said. "It is the only case that we know that is certain to go to trial."
Mr Johnston represents Cecilia Letourneau, 58, of Rimouski, Quebec—who has been smoking since she was 19 and has been unable to stop—on behalf of about two million people in the province. This number includes smokers currently addicted to nicotine as well as family members of smokers who have died. He is seeking punitive damages of $C5000 for each person and will reserve the right for each person to present individual claims to compensate for their sufferings.
The other plaintiff is Jean-Yves Blais, 60, a taxi driver who, after smoking for 40 years, had an operation for lung cancer. His lawyers hope to compensate more than 40
Both class actions contend that the industry tried to hide the risks associated with its products.
Yves-Thomas Dorval, Imperial Tobacco抯 head of public affairs, said the company will fight the suits and was confident of winning. The other tobacco companies also said they would fight the suits.
"People have known now for at least 50 years of the risks involved with smoking," said Mr Dorval. "The company cannot be held responsible for everything being claimed in these class action suits. The real winners will be the legions of lawyers who will be employed for years to come trying to deal with the individual issues that are inevitable in this type of class action."
Mr Blais抯 suit was launched in 1998 by the Quebec Council on Tobacco and Health and is said to be the longest Canadian hearing on class action certification.
A previous attempt to certify a class action suit against tobacco companies in Ontario failed in 1995. Mr Justice Winkler refused to certify the proceedings, saying that the class action definition was defective, that there was a lack of common issues, and that a class proceeding would be unmanageable, requiring "the equivalent of a thousand years of litigation."(Quebec David Spurgeon)