Rothmans, Benson & Hedges Inc
Follow- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36
- Court
- Ontario Superior Court of Justice · Commercial List
- File
- CV-19-616779-00CL
- Industry
- Manufacturing · Food & beverage manufacturing
Rothmans, Benson & Hedges Inc. has been in an insolvency proceeding under the BIA since an initial order of March 22, 2019, with a further initial order on April 23, 2019 and successive interim orders and stay extensions in the years that followed. On unaudited statements as at December 31, 2018, RBH showed book value assets of $2.3 billion against liabilities of $338 million, a liabilities figure excluding a $257 million deposit obligation and its contingent exposure to the remainder of the $13.529 billion Global Damages Award; it has no secured debt. A claims process and a creditors' meeting were ordered on October 31, 2024, with a claims bar date of December 5, 2024. The plan was sanctioned on March 6, 2025 and the stay extended to the Effective Time; a further interim order followed on February 20, 2026.
The claims bar date has passed — claims were due by
Per the Claims Procedure Order dated 31 October 2024.
The officer filed report no. Supplemental Report to the Third Report. Responds to the Quebec AG's concerns about Epiq's unfiled weekly/monthly reports, removal of the 10% Variance Limit (budgets moving to quarterly court-approved cycles), and Epiq's request for approval of its activities, which the Plan Administrator does not support. Claims filings have come in at a much lower cadence than anticipated, and the Administrator sees no need to adjourn the September 9, 2026 motions.
Source: Supplemental Report to the Third Report of the CCAA Plan Administrator, dated September 7, 2026
Motion Record of the Claims Administrator, returnable September 9, 2026 — Application / notice of application
Motion Record (Amended and Restated Claims Administrator Order) — Application / notice of application
The officer filed report no. Thirty-Second Report. The report does not discuss RBH's operations; it addresses proposed amendments to Article 9 of the Fourth A&R RBH Plan concerning the Cy-près Foundation (management team, executive search process, grant selection, chair, and use of fund capital), and recommends approval of CCAA Plan Amendment Order #3.
The officer filed report no. Second Report of the CCAA Plan Administrator. The Fourth A&R RBH Plan was implemented on August 29, 2025. This report supports a motion removing the requirement that claim forms be sworn or affirmed before a Commissioner of Oaths or Notary Public, while keeping the Claimant Declaration, to ease access to compensation for claimants.
Motion Record of The Ontario Flue-Cured Tobacco Growers’ Marketing Board — Application / notice of application
Interim relief granted after the March 6, 2025 sanction, with the stay running to the Effective Time.
Application Extension of the Official Confirmations Order — Application / notice of application
The officer filed report no. Thirty-First Report. The Fourth A&R RBH Plan was implemented on August 29, 2025 and upfront contributions have been distributed to claimants; the Monitor now seeks orders to dismiss the Pending Litigation and approve a Quebec Class Counsel reserve protocol.
Motion Record of the Monitor and CCAA Plan Administrator of RBH — Application / notice of application
The officer filed report no. First Report of the CCAA Plan Administrator. The Fourth A&R RBH Plan was implemented on August 29, 2025, and the PCC and QCAP claims administrations are under way. As of October 12, 2025, 156 PCC Claims and 288 QCAP Claims had been submitted, none yet approved or rejected, and the Claims Administrator reports that minor start-up issues were resolved.
Motion Record RBH Monitor and the RBH CCAA Plan Administrator — Application / notice of application
Supplemental Motion Record for PCC Representative Counsel — Application / notice of application
Sanctioned the plan for RBH; the stay stands extended to the Effective Time.
Source: Sanction Order
Notice of Objection of the Heart and Stroke Foundation of Canada — Notice of dispute (claims)
Motion Record of the Monitor, returnable March 3, 2025 Part 1 — Application / notice of application
Motion Record of the Monitor, returnable March 3, 2025 Part 2 — Application / notice of application
Responding Motion Record (Volume 1 of 2) of the Canadian Cancer Society — Application / notice of application
Responding Motion Record (Volume 2 of 2) of the Canadian Cancer Society — Application / notice of application
Responding Motion Record of Rothmans, Benson & Hedges Inc — Application / notice of application
Responding Motion Record of the Heart and Stroke Foundation of Canada — Application / notice of application
Motion Record Sanction Order and CCAA Plan Administration Appointment Order — Receivership order
Motion Record for Fee Approval of Counsel for the Tobacco Producers' Fee — Application / notice of application
Insurnace Settlement and Bar Order Endorsement, dated December 23, 2024 — Endorsement / reasons
Approved a process for the filing and determination of claims against RBH, with a bar date of December 5, 2024.
Source: Claims Procedure Order
Provided for a meeting of RBH creditors, made the same day as the claims process order.
Source: Meeting Order
Letter from Morawetz CJ to Counsel re Tobacco CCAA dated September 5, 2023 — Stakeholder communication
Letter from QCAP to Morawetz CJ re Tobacco CCAA dated August 25, 2023 — Stakeholder communication
Motion for Leave to Bring a Motion to Appoint Representative Counsel for FTH Stakeholders — Application / notice of application
Unofficial Transcript of Endorsement of Justice McEwen, dated March 30, 2023 — Endorsement / reasons
Submissions of The Ontario Flue-Cured Tobacco Growers’ Marketing Board — Response / objection pleading
MOTION RECORD OF THE HEART AND STROKE FOUNDATION OF CANADA Returnable April 14, 2023 — Application / notice of application
QCAPs' Responding Motion Record (Motions for Stay Extension returnable September 28, 2022) — Application / notice of application
Motion Record of the Applicant returnable September 28, 2022 — Application / notice of application
Motion Record - Heart and Stroke Foundation of Canada - Part 1 of 2 — Application / notice of application
Motion Record - Heart and Stroke Foundation of Canada - Part 2 of 2 — Application / notice of application
Motion Record Stay Extension Order, returnable March 22, 2022 — Application / notice of application
By order of September 27, 2021 the stay period was extended to March 31, 2022.
Source: Stay period to March 31, 2022
Motion Record Stay Extension returnable September 27, 2021 — Application / notice of application
Amended Motion Record of the Moving Party, dated June 17, 2021 — Application / notice of application
Endorsement and Unofficial Transcript of Endorsement of Justice McEwen, released April 6, 2021 — Endorsement / reasons
Interim relief granted; the record shows stay dates of March 31, 2021 and then September 30, 2021.
Motion Record of the Moving Party, the Ontario Flue-Cured Tobacco Growers' Marketing Board (Motion for Declarations) — Application / notice of application
Submissions of the Ontario Flue-Cured Tobacco Growers' Marketing Board (opposition to the stay extension motion, returnable March 30, 2021) — Application / notice of application
Motion Record of the Applicant, returnable March 30, 2021 — Application / notice of application
Interim relief granted as the stay ran to the recorded date of September 30, 2020.
Source: Stay Extension
Motion Record of the Applicant, returnable September 29, 2020 — Application / notice of application
i) the status of the CCAA Proceeding; and ii) the joint motion of the Tobacco Monitors for advice and directions regarding an order appointing The Law Practice of Wagner & Associates, Inc. ("Wagners") as Proposed Representative Counsel (as defined herein) in the Tobacco Proceedings — Application / notice of application
Responding Motion Record of the Canadian Cancer Society — Application / notice of application
Interim relief granted in advance of the stay expiry of June 28, 2019 recorded on the file.
Source: Order re Stay Extension
Index 1. Notice of Motion 2. Affidavit of Peter Luongo sworn June 14, 2019 Exhibit "A" - Blackline of Initial Order to First Amended and Restated Initial Order Exhibit "B'' - Blackline of First Amended and Restated Initial Order to Second Amended and Restated Initial Order 3. Draft Order — Application / notice of application
Responding Motion Record of the Quebec Class Action Plaintiffs, returnable — Application / notice of application
Blackline of Draft Stay Extension Order to version included in Applicant's Motion Materials — Application / notice of application
a. Responding Memorandum of Argument of Alberta and Newfoundland and Labrador — Response / objection pleading
Interim relief granted in the period following the March 22 and April 23, 2019 initial orders.
b. Letter sent on behalf of the Quebec Class Action Plaintiffs to Justice McEwen for the hearing on — Stakeholder communication
Second initial order granted, made after the stay expiry dates of April 11 and April 19, 2019 recorded on the file.
Source: Amended Reasons for Decision by Justice McEwen, Released
Honourable Justice Riordan Motion to Approve Settlements — Application / notice of application
Notice of Motion dated April 18, 2019 Affidavit of Tina Silverstein sworn April 18, 2019 Exhibit “1” - Kansa Settlement Order Exhibit “2” - QCAP Insurance Settlement Order Exhibit “3” - Affidavit sworn March 27, 2018 Exhibit “4” - Approval Motion Exhibit “5” - Email dated April 17, 2019 — Application / notice of application
Status of Outstanding Class Actions against the three CCAA Applicants — Stakeholder communication
Record Statement of Position of Her Majesty the Queen In Right of Alberta and Newfoundland and Labrador — Response / objection pleading
(a) an order extending the Stay Period (as defined in the order of Pattillo J. dated March 22, 2019 (the “Initial Order”)) up to and including June 28, 2019; (b) an order amending and restating the Initial Order in the form attached to the Applicant’s Motion Record as Tab 3; (c) such other relief as this Honourable Court may allow — Application / notice of application
A fourth stay extension of the same date; extensions on the record later carried the stay to October 4, 2019.
Opened the proceeding and stayed claims against RBH, an entity the record shows carries no secured debt and no secured creditors.
Source: Initial Order
A further stay extension of that date; recorded 2019 stay expiry dates fall on April 11, April 19 and June 28.
Extended the stay of proceedings by order bearing the March 22, 2019 date, the same date as the initial order.
Case update
Imperial Tobacco: Epiq's budget approved, its conduct request denied
In the Imperial Tobacco, JTI-Macdonald and Rothmans, Benson & Hedges CCAAs, Justices Kimmel and Piché approved Epiq's $19,958,210 first quarterly budget, its rates kept redacted, and declined to approve its past conduct; deriving its powers from court orders "does not transform Epiq into a court officer. It is a service provider."
Case update
Imperial Tobacco: the 10% tripwire comes out
In the Imperial Tobacco, JTI-Macdonald and Rothmans, Benson & Hedges CCAAs, Justice Kimmel granted the amended claims administrator orders and removed the 10% cost variance limit on Epiq, over an objection from the Attorney General of Quebec that the tobacco companies supported. She adopted the class plaintiffs' answer that there was never an approved budget to exceed, and said the search for a better trigger should have happened before the motion was argued. A point raised at the hearing means the new budget provisions now need their own motion before the Quebec Superior Court.
Case update
Imperial Tobacco: the variance limit, and the 138% question
Epiq's budget for administering three months of tobacco settlement claims is $19,958,210 — against a framework that put the whole of year two at $33,494,485, and on a claim count that came in 76% below the estimate it was built on. Quebec wants the 10% overrun trigger kept and the motion adjourned; Quebec class counsel say every week of delay is measured in claimants who die first; and the plan administrators back the amendment but refuse to support Epiq's request to have its own conduct approved.
Case update
Imperial Tobacco: rewiring the claims machine a year into the payout
Epiq's court-approved framework projects 144,371 claims and $91.9 million in administration costs against the $32.5-billion tobacco settlement. One day short of a year after the plans were implemented, the plan administrators have asked the court to rework the order that governs Epiq — budgets every three months instead of twelve, the 10% cost ceiling gone, and weekly claim tallies locked in for the duration. The Quebec claims window closes August 31.
Case update
Imperial Tobacco: who will run the tobacco settlement's foundation
The three tobacco CCAA plans were sanctioned in August 2025 with the Cy-près Foundation left deliberately unfinished. On August 7 Justice Kimmel signed three orders filling that gap — a management team, an independent executive search for the directors and the chair, a process for choosing which proposals get grants, and rules for spending the fund's capital and income.
Debtor
Rothmans, Benson & Hedges Inc
Monitor
EY
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice McEwen | Ontario Superior Court of Justice | 29 orders, Apr 2019 – Nov 2024 | 143 cases on record |
| Justice Morawetz | Ontario Superior Court of Justice | 20 orders, May 2023 – Apr 2026 | 141 cases on record |
| Justice Piché | Superior Court of Québec | 7 orders, Jul 2025 – Jun 2026 | 3 cases on record |
| Justice Kimmel | Ontario Superior Court of Justice | 6 orders, Jun 2026 – Sep 2026 | 198 cases on record |
| Justice Pattillo | Ontario Superior Court of Justice | 6 orders, Mar 2019 – Feb 2020 | 75 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorDeloitte Restructuring Inc | Blake, Cassels & Graydon LLP · Cassels Brock & Blackwell LLP | 9 Jul 2019 | Factum · 6 Apr 2023 |
| MonitorEY | Blake, Cassels & Graydon LLP · Cassels Brock & Blackwell LLP · Davies Ward Phillips & Vineberg LLP | 9 Jul 2019 | Factum · 31 Jul 2026 |
| MonitorFTI Consulting Canada Inc | Davies Ward Phillips & Vineberg LLP | 27 Sep 2021 | Service list · 27 Sep 2021 |
| ApplicantRothmans, Benson & Hedges Inc | McCarthy Tétrault LLP | 22 Mar 2019 | Service list · 27 Sep 2021 |
| CreditorAIG Insurance Canada | Miller Thomson LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorAviva Insurance Company of Canada | Fogler, Rubinoff LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorBank of NovaScotia | McMillan LLP | 27 Sep 2021 | Endorsement · 27 Sep 2021 |
| CreditorBritish American Tobacco p.I.c., B.A.T. Industries p.I.c. and British American Tobacco (Investments) Limited | Stikeman Elliott LLP | 30 Mar 2023 | Endorsement · 30 Mar 2023 |
| CreditorBritish American Tobacco p.l.c., B.A.T | Stikeman Elliott LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorBritish American Tobacco p.l.c., B.A.T. Industries p.l.c. and British American Tobacco (Investments) Limited | Stikeman Elliott LLP | 27 Sep 2021 | Service list · 27 Sep 2021 |
| CreditorCanadian Cancer Society | Lax O'Sullivan Lisus Gottlieb LLP Previously Fogler, Rubinoff LLP (last seen 27 Sep 2021) | 27 Sep 2021 | Service list · 4 Aug 2026 |
| CreditorCCAA Plan Administrator | Cassels Brock & Blackwell LLP | 13 Nov 2025 | Order · 13 Nov 2025 |
| CreditorChubb Insurance Company of Canada | Borden Ladner Gervais LLP | 27 Sep 2021 | Endorsement · 27 Sep 2021 |
| CreditorCitibank Canada | McMillan LLP | 27 Sep 2021 | Endorsement · 27 Sep 2021 |
| CreditorClass Action (MLG) | McMillan LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorConseil québécois sur le tabac et la santé, Jean-Yves Blais and Cécilia Létourneau | Chaitons LLP · Fishman Flanz Meland Paquin LLP | 30 Mar 2023 | Endorsement · 30 Mar 2023 |
| CreditorDeloitte Restructuring Inc | Blake, Cassels & Graydon LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorEpiq Class Action Services Canada Inc | Goodmans LLP | 25 Aug 2025 | Factum · 25 Aug 2025 |
| CreditorEpiq Class Actions Services Canada, Inc | Goodmans LLP | 4 Aug 2026 | Order · 9 Sep 2026 |
| CreditorFormer Genstar U.S | McMillan LLP Previously Kaplan Law (last seen 27 Sep 2021) | 27 Sep 2021 | Service list · 4 Aug 2026 |
| CreditorFormer Genstar U.S. Retiree Group Committee | Kaplan Law | 27 Sep 2021 | Endorsement · 27 Sep 2021 |
| CreditorGeneral of Quebec | McMillan LLP | 4 Sep 2026 | Factum · 4 Sep 2026 |
| CreditorGrand River Enterprises Six Nations Ltd | Cozen O'Connor LLP Previously Weisz Fell Kour LLP (last seen 27 Sep 2021) | 27 Sep 2021 | Service list · 4 Aug 2026 |
| CreditorHeart & Stroke Foundation of Canada | Tyr Law LLP | 20 Jan 2025 | Application · 20 Jan 2025 |
| CreditorHeart and Stroke Foundation of Canada | Tyr Law LLP | 19 Sep 2022 | Application · 19 Sep 2022 |
| CreditorHer Majesty the Queen in Right of Alberta and Newfoundland | Paliare Roland Rosenberg Rothstein LLP | 25 Jun 2019 | Factum · 25 Jun 2019 |
| CreditorHer Majesty the Queen in right of Ontario | Crown Law Office | 29 Mar 2019 | Application · 29 Mar 2019 |
| CreditorHis Majesty the King in Right of Alberta | Douglas Lennox David Klein Klein Lawyers LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorHis Majesty the King in Right of Newfoundland | Paliare Roland Rosenberg Rothstein LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorHis Majesty the King in Right of Ontario | Crown Law Office | 30 Mar 2023 | Endorsement · 30 Mar 2023 |
| CreditorImperial | Davies Ward Phillips & Vineberg LLP | 28 Jan 2025 | Factum · 28 Jan 2025 |
| CreditorImperial / Imperial CCAA Plan Administrator | Davies Ward Phillips & Vineberg LLP | 7 Nov 2025 | Factum · 7 Nov 2025 |
| CreditorImperial Tobacco Canada Limited and Imperial Tobacco Company Limited | Stikeman Elliott LLP Previously Osler, Hoskin & Harcourt LLP (last seen 30 Mar 2023) | 27 Sep 2021 | Service list · 4 Aug 2026 |
| CreditorImperial Tobacco claimant | Lecker & Associates | 27 Sep 2021 | Endorsement · 27 Sep 2021 |
| CreditorItcan | Davies Ward Phillips & Vineberg LLP | 4 Dec 2019 | Factum · 4 Dec 2019 |
| CreditorJT Canada LLC Inc | Torys LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorJT Canada LLC Inc. and PricewaterhouseCoopers Inc | Torys LLP | 27 Sep 2021 | Service list · 27 Sep 2021 |
| CreditorJTI-MacDonald Corp | Thornton Grout Finnigan LLP | 30 Mar 2023 | Endorsement · 30 Mar 2023 |
| CreditorJtim | Blake, Cassels & Graydon LLP | 4 Dec 2019 | Factum · 4 Dec 2019 |
| CreditorJTIM / JTIM CCAA Plan Administrator | Blake, Cassels & Graydon LLP | 7 Nov 2025 | Factum · 7 Nov 2025 |
| CreditorJTIM CCAA Plan Administrator | Cassels Brock & Blackwell LLP | 14 Aug 2025 | Factum · 14 Aug 2025 |
| CreditorKenneth Knight, in the certified British Columbia class action, Knight v. Imperial Tobacco Canada Ltd | Douglas Lennox David Klein Klein Lawyers LLP | 27 Sep 2021 | Service list · 27 Sep 2021 |
| CreditorLloyd's Insurance of London and Aviva Insurance Company of Canada | Robinson Sheppard Shapiro SENCRL | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorMinister of National Revenue | General Intake Office | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorNordique Compagnie D'Assurance du Canada | Blaney McMurtry LLP · Lax O'Sullivan Lisus Gottlieb LLP | 27 Sep 2021 | Service list · 4 Aug 2026 |
| CreditorNorth Atlantic Operating Company, Inc | Miller Thomson LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorOntario Flue-Cured Tobacco Growers' Marketing Board | Strosberg Wingfield Sasso LLP · Strosberg Sasso Sutts LLP | 30 Mar 2023 | Application · 30 Apr 2026 |
| CreditorOntario Flue-Cured Tobacco Growers' Marketing Board, / Claimant | Strosberg Sasso Sutts LLP | 25 Mar 2021 | Factum · 26 Mar 2021 |
| CreditorPan-Canadian Claimants | Blaney McMurtry LLP | 30 Mar 2023 | Endorsement · 30 Mar 2023 |
| CreditorPhilip Morris International Inc | Paliare Roland Rosenberg Rothstein LLP Previously Gowling WLG (Canada) LLP (last seen 30 Mar 2023) | 27 Sep 2021 | Service list · 4 Aug 2026 |
| CreditorPossession | Davis Polk Wardwell LLP | 31 Mar 2023 | Factum · 31 Mar 2023 |
| CreditorPricewaterhouseCoopers Inc | Tyr Law LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorProvince of Quebec | McMillan LLP | 27 Sep 2021 | Service list · 27 Sep 2021 |
| CreditorProvinces of Alberta and Newfoundland & Labrador | Paliare Roland Rosenberg Rothstein LLP | 27 Sep 2021 | Service list · 27 Sep 2021 |
| CreditorQuebec Class Action | Fishman Flanz Meland Paquin LLP Previously Chaitons LLP (last seen 5 Apr 2019) | 5 Apr 2019 | Service list · 27 Sep 2021 |
| CreditorR.J | Chernos Flaherty Svonkin LLP | 27 Sep 2021 | Endorsement · 27 Sep 2021 |
| CreditorR.J. Reynolds Tobacco Company and R.J. Reynolds Tobacco International Inc | Chernos Flaherty Svonkin LLP | 27 Sep 2021 | Service list · 27 Sep 2021 |
| CreditorRbh | Cassels Brock & Blackwell LLP | 4 Dec 2019 | Factum · 4 Dec 2019 |
| CreditorRBH / RBH CCAA Plan Administrator | Cassels Brock & Blackwell LLP | 7 Nov 2025 | Factum · 7 Nov 2025 |
| CreditorReserved | Paliare Roland Rosenberg Rothstein LLP | 27 Jan 2025 | Agenda Saction Hearing · 27 Jan 2025 |
| CreditorSobeys Capital Incorporated | Stewart McKelvey | 4 Aug 2026 | Service list · 4 Aug 2026 |
| CreditorTobacco Producers | Strosberg Wingfield Sasso LLP | 22 Jan 2025 | Factum · 22 Jan 2025 |
| CreditorU.S | Tyr Law LLP | 4 Aug 2026 | Service list · 4 Aug 2026 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Unsecured | Receiver General for Canada · in 52 casesdeemed trust/tax authority; preliminary, unaudited — debtor: Rothmans, Benson & Hedges Inc. · as of 21 Mar 2019 | $16.8M | List of Creditors as at |
| Unsecured | |||
| Unsecured | |||
| Unsecured | |||
| Unsecured | |||
| Unsecured | |||
| Unsecured | |||
| Unsecured | |||
| Unsecured | |||
| Unsecured |
358 more claims in 1 class The stack holds Unsecured claims.
Every creditor and every amount, drawn to scale.
Card required. Nothing charged for 5 days. Cancel anytime.
Already a subscriber? Sign in.
See all plans1 engagement · 1 firm — Strosberg Wingfield Sasso LLP, CCAA Proceedings, in feesMotion Record for Fee Approval of Counsel for the Tobacco Producers' Fee · 13 Jan 2025
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Strosberg Wingfield Sasso LLPCounsel | CCAA Proceedings | 3 people | Motion Record for Fee Approval of Counsel for the Tobacco Producers' Fee · 13 Jan 2025 | ||
20 blurred figures above
What the firm billed, and each person’s hours and rate — each as the filing states it, with its source.
Card required. Nothing charged for 5 days. Cancel anytime.
Already a subscriber? Sign in.
See all plansAs at ·
The 2 totals the debtor stated at filing
Each one as the filing states it, with its source.
Card required. Nothing charged for 5 days. Cancel anytime.
Already a subscriber? Sign in.
See all plans| Date | Document | File |
|---|---|---|
Motion Record of the Quebec Class Action Plaintiffs
| PDF · Subscribers | |
Amended and Restated Claims Administrator Order
| PDF · Subscribers | |
Budget Approval Order
| PDF · Subscribers | |
Aide Memoire of the Quebec Class Action Plaintiffs, dated September 8, 2026
| PDF · Subscribers | |
Factum of Epiq Class Action Services Canada Inc., dated September 7, 2026
| PDF · Subscribers | |
Supplemental Report to the Third Report of the CCAA Plan Administrator, dated September 7, 2026
| PDF · Subscribers | |
Aide Memoire of the Attorney General of Quebec, dated September 4, 2026
| PDF · Subscribers | |
| Joint Factum of the Monitors and CCAA Plan Administrators, dated September 4, 2026 | PDF · Subscribers | |
| Motion Record of the Claims Administrator, returnable September 9, 2026 | PDF · Subscribers | |
| Motion Record (Amended and Restated Claims Administrator Order) | PDF · Subscribers | |
Third Report of the CCAA Plan Administrator
| PDF · Subscribers | |
| Directions Fee Approvals | PDF · Subscribers | |
CCAA Plan Amendment Order #3
| PDF · Subscribers | |
| Blackline - Draft CCAA Plan Amendment Order #3 | PDF · Subscribers | |
| Draft CCAA Plan Amendment Order #3 | PDF · Subscribers | |
Endorsement Scheduling September 9, 2026 Hearing- Ontario
| PDF · Subscribers | |
| Endorsement Scheduling September 9, 2026 Hearing- Quebec | PDF · Subscribers | |
Common Service List
| PDF · Subscribers | |
Joint Factum of the Monitors and CCAA Plan Administrators
| PDF · Subscribers | |
| Motion Record CCAA Plan Amendment Order #3 (Article 9) | PDF · Subscribers | |
Thirty-Second Report of Ernst & Young Inc
| PDF · Subscribers | |
Clarification Order (Claim form) Ontario Superior Court of Justice
| PDF · Subscribers | |
Clarification Order (Claim form) Quebec Superior Court
| PDF · Subscribers | |
| Motion Record Clarification Order (Claim Form) | PDF · Subscribers | |
Second Report of the CCAA Plan Administrator
| PDF · Subscribers | |
Direction re Fee Approval
| PDF · Subscribers | |
Motion Record of The Ontario Flue-Cured Tobacco Growers’ Marketing Board
| PDF · Subscribers | |
Direction Approval of Fees of Monitors and their Counsel
| PDF · Subscribers | |
Directions regarding Emphysema Diagnosis Order
| PDF · Subscribers | |
| Motion Record re Emphysema Diagnosis | PDF · Subscribers | |
Extension of the Official Confirmations Order
| PDF · Subscribers | |
Jugement
| PDF · Subscribers | |
Motif Jugement
| PDF · Subscribers | |
| Joint Hearing Protocol | PDF · Subscribers | |
| QCAP Book of Authorities | PDF · Subscribers | |
| QCAP Written Submissions | PDF · Subscribers | |
| Submissions of Santé Québec | PDF · Subscribers | |
| Application Extension of the Official Confirmations Order | PDF · Subscribers | |
| Direction re Pending Litigation Dismissal Orders | PDF · Subscribers | |
Direction Monitors' and Counsel's fees
| PDF · Subscribers | |
Pending Litigation Dismissal Order
| PDF · Subscribers | |
Qcc reserve Protocol Order
| PDF · Subscribers | |
Joint Factum of the Monitors, CCAA Administrators
| PDF · Subscribers | |
| Motion Record of the Monitor and CCAA Plan Administrator of RBH | PDF · Subscribers | |
Thirty-First Report of Ernst & Young Inc
| PDF · Subscribers | |
First Report of the CCAA Plan Administrator
| PDF · Subscribers | |
Ontario Superior Court of Justice - Court to Court Communication Protocol
| PDF · Subscribers | |
Quebec Superior Court - Court to Court Communication Protocol
| PDF · Subscribers | |
| Certificate of Plan Implementation | PDF · Subscribers | |
| CCAA Plan Amendment Order #2 | PDF · Subscribers | |
| Claims Administrator Order | PDF · Subscribers | |
| Collateral Agent Order | PDF · Subscribers | |
Direction Re Fee Approval with Honourable Warren Winkler
| PDF · Subscribers | |
| Direction Re Fee Approval with Schedule A | PDF · Subscribers | |
Endorsement and Order
| PDF · Subscribers | |
| Fourth Amended and Restated Plan of Arrangement | PDF · Subscribers | |
| Plan Administration Reserve Trust Order | PDF · Subscribers | |
| Consortium Submissions | PDF · Subscribers | |
Factum of Epiq Class Action Services Canada Inc
| PDF · Subscribers | |
| Fee Approval Order | PDF · Subscribers | |
Joint Factum of the Monitors and Plan Administrators
| PDF · Subscribers | |
Quebec Class Counsel Fee Approval Order
| PDF · Subscribers | |
| Motion Record RBH Monitor and the RBH CCAA Plan Administrator | PDF · Subscribers | |
| Thirtieth Report of the Monitor Part 1 | PDF · Subscribers | |
| Thirtieth Report of the Monitor Part 2 | PDF · Subscribers | |
| Motion Record of the Claims Administrator | PDF · Subscribers | |
| Motion Record re Collateral Agent Order | PDF · Subscribers | |
| Twenty-Ninth Report of the Monitor | PDF · Subscribers | |
Banking Arrangements Order, dated August 15, 2025
| PDF · Subscribers | |
Endorsement of Morawetz, J., dated August 15, 2025
| PDF · Subscribers | |
Signing Authorization Order, dated August 15, 2025
| PDF · Subscribers | |
Joint Factum of the CCAA Plan Administrators
| PDF · Subscribers | |
Factum of QCAP
| PDF · Subscribers | |
| Motion Record re Banking Arrangements Order | PDF · Subscribers | |
| Twenty-Eighth Report of the Monitor | PDF · Subscribers | |
| Motion Record of the QCAP | PDF · Subscribers | |
| Order on Cash Security Deposit | PDF · Subscribers | |
Official Confirmations Order
| PDF · Subscribers | |
Order re Coming in Aid
| PDF · Subscribers | |
| Direction on Court Appointed Mediator's ongoing services | PDF · Subscribers | |
| Direction on Fee Approval | PDF · Subscribers | |
| Quebec Cash Security Deposit Order | PDF · Subscribers | |
Joint Factum of the Imperial and RBH Monitors
| PDF · Subscribers | |
Joint Motion Record of the Imperial and RBH Monitors
| PDF · Subscribers | |
| Twenty-Seventh Report of the Monitor | PDF · Subscribers | |
Designation Order
| PDF · Subscribers | |
| Ontario’s Aide Memoire | PDF · Subscribers | |
| Order Granting Injunctive Relief | PDF · Subscribers | |
| Supplemental Motion Record for PCC Representative Counsel | PDF · Subscribers | |
| QCAP Factum | PDF · Subscribers | |
| Book of Authorities PCC Representative | PDF · Subscribers | |
| Factum PCC Representative | PDF · Subscribers | |
| Motion Record PCC Representative | PDF · Subscribers | |
| CCAA Plan Administrator Appointment Order | PDF · Subscribers | |
| Sanction Motion Endorsement | PDF · Subscribers | |
Sanction Order
| PDF · Subscribers | |
| Letter from André Lespérance to Chief Justice Morawetz | PDF · Subscribers | |
CCAA Plan Amendment Order
| PDF · Subscribers | |
| Affidavit of Milena Trentadue sworn February 28, 2025 | PDF · Subscribers | |
| Notice of Objection of the Heart and Stroke Foundation of Canada | PDF · Subscribers | |
| Factum of the Honorable André Prévost | PDF · Subscribers | |
| Motion Record of the Monitor, returnable March 3, 2025 Part 1 | PDF · Subscribers | |
| Motion Record of the Monitor, returnable March 3, 2025 Part 2 | PDF · Subscribers | |
| Third Amended & Restated Plan of Arrangement | PDF · Subscribers | |
| Twenty-Sixth Report of the Monitor Part 1 | PDF · Subscribers | |
| Twenty-Sixth Report of the Monitor Part 2 | PDF · Subscribers | |
| Compendium for the Quebec Class Counsel's | PDF · Subscribers | |
| Affidavit of Michael J. Peerless Sworn February 5, 2025 | PDF · Subscribers | |
| Youtube Links to Hearing | PDF · Subscribers | |
| Appointment of Amicus Curiae Order | PDF · Subscribers | |
| Compendium of RBH | PDF · Subscribers | |
Joint Reply Factum of Monitors
| PDF · Subscribers | |
| Supplementary Joint Book of Authorities - Imperial and RBH Vol 1 of 2 | Trustee site | |
| Supplementary Joint Book of Authorities - Imperial and RBH Vol 2 of 2 | Trustee site | |
Agenda Saction Hearing
| PDF · Subscribers | |
| Book of Authorities - QCAP | PDF · Subscribers | |
| Factum – Consortium of Provinces and Territories | PDF · Subscribers | |
| Reply Affidavit of Bruce W. Johnston sworn January 27, 2025 | PDF · Subscribers | |
| Reply Affidavit of Philippe H. Trudel, sworn January 27, 2025 | PDF · Subscribers | |
| Reply Factum - QCAP | PDF · Subscribers | |
Responding Factum - Counsel for the Tobacco Producers
| PDF · Subscribers | |
| Second Amended & Restated Plan of Arrangement | PDF · Subscribers | |
| Twenty-Fifth Report of the Monitor Part 1 | PDF · Subscribers | |
| Twenty-Fifth Report of the Monitor Part 2 | PDF · Subscribers | |
| Abbreviated Book of Authorities of the Heart and Stroke Foundation of Canada | PDF · Subscribers | |
| Book of Authorities (Methodology and Analysis Documents) of PCC Part 1 | PDF · Subscribers | |
| Book of Authorities (Methodology and Analysis Documents) of PCC Part 2 | PDF · Subscribers | |
| Book of Authorities of PCC Part 1 | PDF · Subscribers | |
| Book of Authorities of PCC Part 2 | PDF · Subscribers | |
| Factum of PCC Representative Counsel | PDF · Subscribers | |
Factum of Rothmans, Benson & Hedges Inc. (Objection to Plan Sanction) dated January 24, 2025
| PDF · Subscribers | |
| Responding Factum of the Attorney General of Quebec (Fee Approval Motion of Quebec Class Counsel) dated January 24, 2025 | PDF · Subscribers | |
Responding Factum of the Heart and Stroke Foundation of Canada
| PDF · Subscribers | |
Affidavit of Philippe H. Trudel sworn on January 22, 2025
| PDF · Subscribers | |
Factum Fee Approval Motion -Counsel for Tobacco Producers
| PDF · Subscribers | |
Factum of Quebec Class Counsel
| PDF · Subscribers | |
| Factum of Rothmans, Benson & Hedges Inc | PDF · Subscribers | |
| Joint Book of Authorities of the Monitors | PDF · Subscribers | |
| Twenty-Fourth Report of the Monitor | PDF · Subscribers | |
| Responding Motion Record (Volume 1 of 2) of the Canadian Cancer Society | PDF · Subscribers | |
| Responding Motion Record (Volume 2 of 2) of the Canadian Cancer Society | PDF · Subscribers | |
| Responding Motion Record of Rothmans, Benson & Hedges Inc | PDF · Subscribers | |
Responding Motion Record of the Heart and Stroke Foundation of Canada
| PDF · Subscribers | |
| Motion Record Sanction Order and CCAA Plan Administration Appointment Order | PDF · Subscribers | |
| Motion Record Stay Extension | PDF · Subscribers | |
| Twenty-Third Report of the Monitor | PDF · Subscribers | |
Motion Record for Fee Approval of Counsel for the Tobacco Producers' Fee
| PDF · Subscribers | |
| Motion for Approval of the Quebec Class Counsel Fee | PDF · Subscribers | |
| Omnibus Notice for Sanction Hearing | PDF · Subscribers | |
| Sanction Hearing Objection Notice | PDF · Subscribers | |
| Sanction Hearing Option Notice for Putative Miscellaneous Claimant | PDF · Subscribers | |
Insurance Settlement and Bar Order dated December 23, 2024
| PDF · Subscribers | |
| Insurnace Settlement and Bar Order Endorsement, dated December 23, 2024 | PDF · Subscribers | |
QCAP Notice Protocol Order
| PDF · Subscribers | |
| QCAP Notice Protocol Order Endorsement | PDF · Subscribers | |
Sanction Protocol Order
| PDF · Subscribers | |
| Redline Draft Order | PDF · Subscribers | |
| Supplement to Twenty-Second Report of the Monitor | PDF · Subscribers | |
Factum of the QCAP
| PDF · Subscribers | |
| Motion Record, returnable December 23, 2024 Part 1 | PDF · Subscribers | |
| Motion Record, returnable December 23, 2024 Part 2 | PDF · Subscribers | |
| Motion Record, returnable December 23, 2024 Part 3 | PDF · Subscribers | |
| QCAP Motion Record | PDF · Subscribers | |
| Twenty-Second Report of the Monitor | PDF · Subscribers | |
Order Granting Interlocutory Injunctive Relief
| PDF · Subscribers | |
| Order Granting Interlocutory Injunctive Relief -PCC | PDF · Subscribers | |
| Book of Authorities, dated December 9, 2024 | PDF · Subscribers | |
Endorsement PCC
| PDF · Subscribers | |
Endorsement QCC
| PDF · Subscribers | |
| Factum of the Quebec Class Action Plaintiffs, dated December 9, 2024 | PDF · Subscribers | |
Factum, dated December 9, 2024
| PDF · Subscribers | |
Letter to Chief Justice Morawetz
| PDF · Subscribers | |
| Motion Record, returnable December 9, 2024 | PDF · Subscribers | |
| 021 Twenty-First Report of the Monitor (Part 1) | PDF · Subscribers | |
| 021 Twenty-First Report of the Monitor (Part 2) | PDF · Subscribers | |
| Revised Plan of Arrangement RBH | PDF · Subscribers | |
Amending and Restating the Appointment of Representative Counsel Order
| PDF · Subscribers | |
| Litigation Timeline to Sanction Hearing | PDF · Subscribers | |
| Amended Order | PDF · Subscribers | |
| Amended Order (Blackline) | PDF · Subscribers | |
| RBH CCAA Plan Amendment Number 2 | PDF · Subscribers | |
| Joint Notice of Motion | PDF · Subscribers | |
| Twentieth Report of the Monitor | PDF · Subscribers | |
| Supplementary Endorsement | PDF · Subscribers | |
Claims Package
| PDF · Subscribers | |
Claims Procedure Order
| PDF · Subscribers | |
| Creditor's Proxy | PDF · Subscribers | |
Meeting Order
| PDF · Subscribers | |
| Omnibus Notice for Non-individual Claimants | PDF · Subscribers | |
| Draft Order | PDF · Subscribers | |
Joint Reply Factum of the Mediator & Imperial & RBH Monitors
| PDF · Subscribers | |
| Supplemental Joint Book of Authorities | PDF · Subscribers | |
RBH Submissions Regarding Claims Procedure Order and Meeting Order
| PDF · Subscribers | |
| Joint Book of Authorities of the Court-Appointed Mediator & Monitors (Part 1 of 2) | PDF · Subscribers | |
| Joint Book of Authorities of the Court-Appointed Mediator & Monitors (Part 2 of 2) | PDF · Subscribers | |
| Joint Factum of the Court-Appointed Mediator & Monitors | PDF · Subscribers | |
| Eighteen Report of the Monitor | PDF · Subscribers | |
| Nineteenth Report of the Monitor | PDF · Subscribers | |
| Seventeenth Report of the Monitor | PDF · Subscribers | |
| Motion Record of Monitor of RBH | PDF · Subscribers | |
| Plan of Arrangement RBH | PDF · Subscribers | |
| RBH CCAA Plan Amendment Number 1 | PDF · Subscribers | |
| Sixteenth Report of the Monitor | PDF · Subscribers | |
| Motion Record, returnable October 1, 2024 | PDF · Subscribers | |
Stayed extended to September 30, 2024
| PDF · Subscribers | |
| 015 Fifteenth Report of the Monitor | PDF · Subscribers | |
| Motion Record returnable March 25, 2024 | PDF · Subscribers | |
Amending order Appointing a Consultant
| PDF · Subscribers | |
| The purpose of this fourteenth report of the Monitor (the “Fourteenth Report”) is to provide information to this Court with respect to: i) the status of the CCAA Proceeding; ii) the actual receipts and disbursements of the Applicant from March 6, 2023 to September 3, 2023 (the “Reporting Period”); iii) the Applicant’s updated cash flow forecast for the period from September 4, 2023 to March 31, 2024; and iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including March 29, 2024 (the “Extension Motion”) | PDF · Subscribers | |
| Affidavit of Philippe Trudel dated September 14, 2023 | PDF · Subscribers | |
| Motion Record, returnable September 27, 2023 | PDF · Subscribers | |
| Letter from Morawetz CJ to Counsel re Tobacco CCAA dated September 5, 2023 | PDF · Subscribers | |
| Letter from QCAP to Morawetz CJ re Tobacco CCAA dated August 25, 2023 | PDF · Subscribers | |
Reasons for Decision of Justice McEwen
| PDF · Subscribers | |
Chief Justice Morawetz will assumen cast managment of this CCAA
| PDF · Subscribers | |
| Common Service List (Word Version) | PDF · Subscribers | |
Reply Factum of the Proposed Future Tobacco Harm Stakeholders Group
| PDF · Subscribers | |
Joint Factum of the Monitors
| PDF · Subscribers | |
abbreviated joint book of authorities of the Monitors
| PDF · Subscribers | |
ABBREVIATED BOOK OF AUTHORITIES OF THE PROPOSED FUTURE TOBACCO HARM STAKEHOLDERS GROUP
| PDF · Subscribers | |
| Motion for Leave to Bring a Motion to Appoint Representative Counsel for FTH Stakeholders | PDF · Subscribers | |
Endorsement of Justice McEwen, dated March 30, 2023
| PDF · Subscribers | |
Stay Extension Order to September 29, 2023
| PDF · Subscribers | |
Unofficial Transcript of Endorsement of Justice McEwen, dated March 30, 2023
| PDF · Subscribers | |
| Submissions of The Ontario Flue-Cured Tobacco Growers’ Marketing Board | PDF · Subscribers | |
| The purpose of this thirteenth report of the Monitor (the “Thirteenth Report”) is to provide information to this Court with respect to: i) the status of the CCAA Proceeding; ii) the actual receipts and disbursements of the Applicant from September 5, 2022 to March 5, 2023 (the “Reporting Period”); iii) the Applicant’s updated cash flow forecast for the period from March 6, 2023 to October 1, 2023; and iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including September 29, 2023 (the “Extension Motion”) | PDF · Subscribers | |
| Returnable March 28, 2023 | PDF · Subscribers | |
| The purpose of this twelfth report of the Monitor (the “Twelfth Report”) is to provide information to this Court with respect to the motion of The Heart and Stroke Foundation of Canada (the “HSF”) for leave to bring a motion, for among other things: i)appointing Tyr LLP as representative counsel for “Future Tobacco Harm Stakeholders” who, after the granting of the Initial Orders in these proceedings, “will purchase or use tobacco products, or will be exposed to their use”; and ii)granting the proposed representative counsel “rights of participation” in the on-going Court-ordered Mediation | PDF · Subscribers | |
MOTION RECORD OF THE HEART AND STROKE FOUNDATION OF CANADA Returnable April 14, 2023
| PDF · Subscribers | |
Endorsement - Unofficial typed version
| PDF · Subscribers | |
Stay Extension Order to March 23, 2023
| PDF · Subscribers | |
| QCAPs' Responding Motion Record (Motions for Stay Extension returnable September 28, 2022) | PDF · Subscribers | |
| The purpose of this eleventh report of the Monitor (the “Eleventh Report”) is to provide information to this Court with respect to: i) the status of the CCAA Proceeding; ii) the actual receipts and disbursements of the Applicant from February 28, 2022 to September 4, 2022 (the “Reporting Period”); iii) the Applicant’s updated cash flow forecast for the period from September 5, 2022 to April 2, 2023; and iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including March 31, 2023 | PDF · Subscribers | |
| Motion Record of the Applicant returnable September 28, 2022 | PDF · Subscribers | |
| Motion Record - Heart and Stroke Foundation of Canada - Part 1 of 2 | PDF · Subscribers | |
Motion Record - Heart and Stroke Foundation of Canada - Part 2 of 2
| PDF · Subscribers | |
Endorsement of McEwen J
| PDF · Subscribers | |
New Excise Duty Security Order
| PDF · Subscribers | |
| The purpose of this tenth report of the Monitor (the “Tenth Report”) is to provide information to this Court with respect to: i) a management update for the Applicant; and ii) the motion authorizing the Applicant to post collateral, bonds and/or other security of up to $5 million (the “New Excise Duty Security”) as required by recent amendments to the Excise Act and permitting the New Excise Duty Security to be required, received and/or held by the relevant party notwithstanding any restrictions to the contrary in the Second Amended and Restated Initial Order | PDF · Subscribers | |
| 1. abridging and validating the time for service and filing of the Motion Record of the Applicant and the tenth report of Ernst & Young Inc. in its capacity as Monitor of the Applicant (the “Monitor”), to be filed (the “Tenth Report”); 2. authorizing the Applicant to post collateral, bonds and/or other security as required by the Excise Act Amendments (defined below) of up to $5 million (the “New Excise Duty Security”),and permitting the New Excise Duty Security to be required, received and/or held notwithstanding any restrictions to the contrary in the Initial Order (defined below); and 3. granting such other relief as this Honourable Court may allow | PDF · Subscribers | |
| The purpose of this ninth report of the Monitor (the “Ninth Report”) is to provide information to this Court with respect to: i) the status of the CCAA Proceeding; ii) the actual receipts and disbursements of the Applicant from September 6, 2021 to February 27, 2022 (the “Reporting Period”); iii) the Applicant’s updated cash flow forecast for the period from February 28, 2022 to October 2, 2022; and iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including September 30, 2022 | PDF · Subscribers | |
| Motion Record Stay Extension Order, returnable March 22, 2022 | PDF · Subscribers | |
Counsel Slip
| PDF · Subscribers | |
Endorsement of Justice McEwen
| PDF · Subscribers | |
Stay period to March 31, 2022
| PDF · Subscribers | |
| The purpose of this eighth report of the Monitor (the “Eighth Report”) is to provide information to this Court with respect to: i) the status of the CCAA Proceeding; ii) the actual receipts and disbursements of the Applicant from March 8, 2021 to September 5, 2021; iii) the Applicant’s updated cash flow forecast for the period from September 6, 2021 to April 3, 2022; and iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including March 31, 2022 | PDF · Subscribers | |
| Motion Record Stay Extension returnable September 27, 2021 | PDF · Subscribers | |
| Zoom Hearing Protocol | PDF · Subscribers | |
Amended Factum of the Moving Party, dated June 17, 2021
| PDF · Subscribers | |
| Amended Motion Record of the Moving Party, dated June 17, 2021 | PDF · Subscribers | |
Endorsement and Unofficial Transcript of Endorsement of Justice McEwen, released April 6, 2021
| PDF · Subscribers | |
Order re Stay Extension, dated March 30, 2021
| PDF · Subscribers | |
Factum of the Moving Party, the Ontario Flue-Cured Tobacco Growers' Marketing Board (Motion for Declarations)
| PDF · Subscribers | |
| Motion Record of the Moving Party, the Ontario Flue-Cured Tobacco Growers' Marketing Board (Motion for Declarations) | PDF · Subscribers | |
Submissions of the Ontario Flue-Cured Tobacco Growers' Marketing Board (opposition to the stay extension motion, returnable March 30, 2021)
| PDF · Subscribers | |
| Motion Record of the Applicant, returnable March 30, 2021 | PDF · Subscribers | |
| Seventh Report of the Monitor, dated March 19, 2021 | PDF · Subscribers | |
Order re Stay Extension, dated September 29, 2020
| PDF · Subscribers | |
Stay Extension
| PDF · Subscribers | |
The purpose of this sixth report of the Monitor (the “Sixth Report”) is to provide information to this Court with respect to: i) the status of the CCAA Proceeding; ii) the actual receipts and disbursements of the Applicant from February 3, 2020 to September 6, 2020; iii) the Applicant’s updated cash flow forecast for the period from September 7, 2020 to April 4, 2021; and iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including March 31, 2021
| PDF · Subscribers | |
| Motion Record of the Applicant, returnable September 29, 2020 | PDF · Subscribers | |
| Protocol for Motion by Zoom Video Conference | PDF · Subscribers | |
| Order Appointing a Consultant to the Court-Appointed Mediator | PDF · Subscribers | |
(a) an order extending the Stay Period (as defined in the order of Justice Pattillo dated March 22, 2019, as amended and restated (the “Initial Order”)), up to and including September 30, 2020; and (b) such other relief as this Honourable Court may allow
| PDF · Subscribers | |
| Endorsement re Stay Extension Order | PDF · Subscribers | |
| i) the status of the CCAA Proceeding; ii) the actual receipts and disbursements of the Applicant from September 16, 2019 to February 2, 2020; iii) the Applicant’s updated cash flow forecast for the period from February 3, 2020 to October 4, 2020; and iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including September 30, 2020 | PDF · Subscribers | |
| Reasons for Decision, released | PDF · Subscribers | |
Appointment of Representative Counsel
| PDF · Subscribers | |
| Unofficial French translation of the order granted on | PDF · Subscribers | |
a. Factum in connection with a joint motion for advice and directions regarding orders appointing representative counsel
| PDF · Subscribers | |
| a. appointing The Law Practice of Wagner & Associates, Inc. ("Wagners") as representative counsel (the "Representative Counsel") for the TRW Claimants (as defined in the Representative Counsel Orders), which definition may be further amended following consultation among the Court-Appointed Mediator (as defined below), the Tobacco Monitors and Representative Counsel and as approved by further order of this Court; and b. authorizing the Representative Counsel to take all steps and to perform all acts necessary or desirable in representing the TRW Claimants, including without limitation by: i. participating in and negotiating on behalf of the TRW Claimants in the Mediation (as defined below); ii. working with the Court-Appointed Mediator and the Tobacco Monitors to develop a process for the identification of valid and provable TRW Claims (as defined below) and as appropriate, addressing such claims in the Mediation or the Tobacco CCM Proceedings (as defined below); iii. responding to inquiries from TRW Claimants in the Tobacco CCM Proceedings; v. performing such other actions as approved by the Court (the "Representative Counsel Mandate"); and c. Such further and other relief as counsel may advise and this Court may permit | PDF · Subscribers | |
| c. Affidavit of Ronald Podolny in connection with the hearing on on behalf of Rochon Genova LLP | PDF · Subscribers | |
b. Book of Authorities in connection with a joint motion for advice and directions regarding orders appointing representative counsel
| PDF · Subscribers | |
| i) the status of the CCAA Proceeding; and ii) the joint motion of the Tobacco Monitors for advice and directions regarding an order appointing The Law Practice of Wagner & Associates, Inc. ("Wagners") as Proposed Representative Counsel (as defined herein) in the Tobacco Proceedings | PDF · Subscribers | |
| RBH Letter re response to C. Prophet LT | PDF · Subscribers | |
Order Second Amended and Restated Initial Order
| PDF · Subscribers | |
| Article Statistics Canada recalls data | PDF · Subscribers | |
| Letter to counsel | PDF · Subscribers | |
| Service List | PDF · Subscribers | |
Unofficial Transcript of Endorsement of McEwen, J
| PDF · Subscribers | |
(a) an order extending the Stay Period (as defined in the order of Justice Pattillo dated March 22, 2019, as amended and restated (the “Initial Order”)), up to and including March 6, 2020; and (b) such other relief as this Honourable Court may allow
| PDF · Subscribers | |
Stay Extension Order
| PDF · Subscribers | |
| Letter - Re CCS Application | PDF · Subscribers | |
| QCAPs Book of Authorities | PDF · Subscribers | |
| QCAPs Factum | PDF · Subscribers | |
| RBH - Brief of Authorities | PDF · Subscribers | |
| RBH - Factum | PDF · Subscribers | |
| Letter to L.Williams and L.Rogers | PDF · Subscribers | |
| Brief of Authorities of the Canadian Cancer Society | PDF · Subscribers | |
| Factum of the Canadian Cancer Society | PDF · Subscribers | |
| QCAPs' Responding Motion Record | PDF · Subscribers | |
| Responding Motion Record of the Canadian Cancer Society | PDF · Subscribers | |
| i) the status of the CCAA Proceeding; ii) the actual receipts and disbursements of the Applicant from June 10, 2019 to September 15, 2019; iii) the Applicant's updated cash flow forecast for the period from September 16, 2019 to March 8, 2020; and iv) the Applicant's request for an order that the stay of proceedings be extended up to and including March 6, 2020 | PDF · Subscribers | |
Court to Court Communications Order
| PDF · Subscribers | |
Appointing a Finacial Advisor Order
| PDF · Subscribers | |
| 1. An order (the “SRAP/RCA Order”) substantially in the form of the draft Order included at Tab 3 of RBH’s Motion Record that, among other things: (a) Confirms that all rights, remedies and obligations of any Person under or in respect of the (i) the Rothmans, Benson & Hedges Inc. Supplementary Retirement Allowance Plan for Executives and Directors (as amended or amended and restated from time to time, the “SRAP”) and (ii) the Retirement Compensation Arrangement Trust Agreement made as of December 17, 1999 between RBH and Royal Trust Corporation of Canada (as amended or amended and restated from time to time, the “RCA”), arising directly or indirectly from any of the CCAA Events (as defined in the SRAP/RCA Order) were stayed and suspended as of the Effective Date and continue to be stayed and suspended, such that all rights, remedies and obligations of any Person under or in respect of the SRAP and RCA shall continue with effect as and from the Effective Date as if such CCAA Events had not occurred; (b) Orders that the Trustee and the Actuary (as such terms are defined in the RCA) shall have incurred no liability as a result of any action or inaction by them prior to the date of the SRAP/RCA Order in respect of the CCAA Events; and (c) Orders the Monitor and RBH to take certain steps to notify the Trustee, the Actuary and the Participants (as such terms are defined in the RCA) of the SRAP/RCA Order and that those steps shall constitute valid and effective service on such parties; and 2. Such further and other relief as this Honourable Court may allow | PDF · Subscribers | |
Endorsement re Common Service Protocol
| PDF · Subscribers | |
| Endorsement, date | PDF · Subscribers | |
| Factum of the Quebec Class Action Plaintiffs, returnable | PDF · Subscribers | |
| Index 1. Notice of Motion 2. Affidavit of Peter Luongo sworn June 14, 2019 Exhibit "A" - Blackline of Initial Order to First Amended and Restated Initial Order Exhibit "B'' - Blackline of First Amended and Restated Initial Order to Second Amended and Restated Initial Order 3. Draft Order | PDF · Subscribers | |
| Letter to Counsel re Stay Extension Motion, returnable | PDF · Subscribers | |
Order re Continuation of Rothmans SRAP and RCA
| PDF · Subscribers | |
Order re Stay Extension
| PDF · Subscribers | |
| Responding Motion Record of the Quebec Class Action Plaintiffs, returnable | PDF · Subscribers | |
| Blackline of Draft Stay Extension Order to version included in Applicant's Motion Materials | PDF · Subscribers | |
Draft Stay Extension Order
| PDF · Subscribers | |
| Factum of the Applicant | PDF · Subscribers | |
| a. Responding Memorandum of Argument of Alberta and Newfoundland and Labrador | PDF · Subscribers | |
b. Responding Book of Authorities of Alberta and Newfoundland
| PDF · Subscribers | |
| Book of Authorities of the Canadian Cancer Society | PDF · Subscribers | |
Common Service Protocol
| PDF · Subscribers | |
| Responding Motion Record of Canadian Cancer Society | PDF · Subscribers | |
| i) the status of the CCAA proceedings; ii) the actual receipts and disbursements of the Applicant from March 20, 2019 to June 9, 2019; iii) the Applicant’s updated cash flow forecast for the period from June 10, 2019 to December 22, 2019; iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including December 16, 2019; v) RBH’s Supplementary Retirement Allowance Plan for Executives and Directors effective January 1, 1999 (as amended or amended and restated from time to time, the “SRAP”) and the Retirement Compensation Arrangement (“RCA”) Trust Agreement made as of December 17, 1999 between RBH and Royal Trust Corporation of Canada (as amended or amended and restated from time to time, the “RCA Trust Agreement”); and vi) the Applicant’s motion for an order among other things, confirming that the stay of proceedings established by the Second Amended and Restated Initial Order applies to the potential consequences under the SRAP and RCA flowing from RBH’s filing for CCAA protection | PDF · Subscribers | |
Clarification of Insurance Lift-Stay Order
| PDF · Subscribers | |
| Letter to Service List Regarding Tobacco Estates | PDF · Subscribers | |
| Professional Fees Disclosure Order | PDF · Subscribers | |
| b. Letter sent on behalf of the Quebec Class Action Plaintiffs to Justice McEwen for the hearing on | PDF · Subscribers | |
Protocol to facilitate communications between Justice McEwen and Mr. Winkler, in his capacity as the Court-appointed mediator
| PDF · Subscribers | |
| Reasons for Decision | PDF · Subscribers | |
| Order to Amend Ontario Claim | PDF · Subscribers | |
Second Amended and Restated Initial Order
| PDF · Subscribers | |
| a. Letter to the Honourable Mr. Justice McEwen on behalf of each of the Monitors regarding Continuation of Tobacco Comeback Hearing | PDF · Subscribers | |
Amended Reasons for Decision
| PDF · Subscribers | |
Amended Reasons for Decision by Justice McEwen, Released
| PDF · Subscribers | |
| Honourable Justice Riordan Motion to Approve Settlements | PDF · Subscribers | |
| Letter to Honourable Justice McEwen | PDF · Subscribers | |
| Notice of Motion dated April 18, 2019 Affidavit of Tina Silverstein sworn April 18, 2019 Exhibit “1” - Kansa Settlement Order Exhibit “2” - QCAP Insurance Settlement Order Exhibit “3” - Affidavit sworn March 27, 2018 Exhibit “4” - Approval Motion Exhibit “5” - Email dated April 17, 2019 | PDF · Subscribers | |
Endorsement
| PDF · Subscribers | |
| Letter to Honourable Justice Riordan | PDF · Subscribers | |
| Letter o Fishman Flanz Meland Paquin re Status of Class Action | PDF · Subscribers | |
| Status of Outstanding Class Actions against the three CCAA Applicants | PDF · Subscribers | |
Amended and Restated Initial Order
| PDF · Subscribers | |
Endorsement re: Amended and Restated Initial Order
| PDF · Subscribers | |
Kansa Settlement Order
| PDF · Subscribers | |
| Blackline Proposed Order to Version in Motion Record | PDF · Subscribers | |
| Blackline to Proposed Initial Order | PDF · Subscribers | |
| Blackline to Proposed Model Order | PDF · Subscribers | |
Proposed Amended and Restated Initial Order
| PDF · Subscribers | |
| Brief of Authorities of Rothmans | PDF · Subscribers | |
| Cases served by Quebec Class Action Plaintiffs | PDF · Subscribers | |
| Factum of Rothmans | PDF · Subscribers | |
| Monitors Proposed Order of Proceedings | PDF · Subscribers | |
| Record Statement of Position of Her Majesty the Queen In Right of Alberta and Newfoundland and Labrador | PDF · Subscribers | |
| i) the status of the CCAA proceedings; ii) the actual receipts and disbursements of the Applicant from March 20, 2019 to March 31, 2019 as well as the Applicant’s revised cash flow forecast for the period from April 1, 2019 to June 30, 2019; iii) the Applicant’s request for an order amending and restating the Initial Order for, among other things: a. the appointment of the Hon. Warren K. Winkler Q.C. as a Court Officer (as defined below); b. the granting of a Charge in respect of the Court Officer; c. extending the existing stays of proceedings under the Initial Order, in respect of the Pending Litigation or any Proceeding to any person named as a defendant or respondent in any of the Pending Litigation (such Persons, the “Other Defendants”); and d. providing for a notice procedure for subsequent motions in these CCAA proceedings; and iv) the Applicant’s request for an order that the stay of proceedings be extended up to and including June 28, 2019 | PDF · Subscribers | |
(a) an order extending the Stay Period (as defined in the order of Pattillo J. dated March 22, 2019 (the “Initial Order”)) up to and including June 28, 2019; (b) an order amending and restating the Initial Order in the form attached to the Applicant’s Motion Record as Tab 3; (c) such other relief as this Honourable Court may allow
| PDF · Subscribers | |
| Book of Authorities of the Ontario | PDF · Subscribers | |
| Book of Authorities of the Quebec Class Action Plaintiffs | PDF · Subscribers | |
| Factum of Ontario | PDF · Subscribers | |
| Factum of the Quebec Class Action | PDF · Subscribers | |
Motion Record of Ontario
| PDF · Subscribers | |
Exhibits to Affidavits Filed by the Quebec Class Action Planintiffs Part 1 of 3
| PDF · Subscribers | |
Exhibits to Affidavits Filed by the Quebec Class Action Planintiffs Part 2 of 3
| PDF · Subscribers | |
| Exhibits to Affidavits Filed by the Quebec Class Action Planintiffs Part 3 of 3 | PDF · Subscribers | |
| Moton Record of Quebec Class Action Plaintiffs | PDF · Subscribers | |
| Notice of Objection of Provinces | PDF · Subscribers | |
| Notice to Creditors | PDF · Subscribers | |
Compendium of Blacklines to Initial Orders
| PDF · Subscribers | |
(i) abridging the time for and validating the service and filing of this Notice of Application and the Application Record so that this Application is properly returnable on the return date and dispensing with further service thereof; (ii) declaring that RBH is a company to which the CCAA applies and granting RBH the authority to file a plan of compromise or arrangement; (iii) authorizing RBH to pay certain expenses incurred prior to, on or after the date of the Initial Order and to continue on and after the date of the Initial Order to enter into Intercompany Transactions, including buying and selling goods from members of the PMI Group, in the ordinary course of business on terms consistent with existing arrangements or past practice or as otherwise approved by the Monitor (as defined below); (iv) authorizing RBH to post and to continue to have posted the Bonding Collateral and staying requests by government authorities for additional security; (v) staying the commencement or continuation of any Proceeding, including the Pending Litigation and any other Proceeding in relation to a Tobacco Claim, against or in respect of RBH or the Monitor, or affecting the Business or the Property or the funds deposited pursuant to the Deposit Posting Order, except with the written consent of RBH and the Monitor, or with leave of this Court; (vi) staying Proceedings in Canada that relate in any way to a Tobacco Claim or to RBH, the Business or the Property, against or in respect of any member of the PMI Group, except with the written consent of RBH and the Monitor, or with leave of this Court; (vii) authorizing RBH to serve and file an application for leave to appeal the Quebec Appellate Decision to the Supreme Court of Canada, but directing that neither RBH nor any other Person shall take any further step or proceeding in respect of such application without further order of the Court; (viii) appointing Ernst & Young Inc. (the “Proposed Monitor” and, if appointed, the “Monitor”) as officer of this Court to monitor the business and affairs of RBH; (ix) granting priority Charges as described in the proposed Initial Order; and (x) granting such further and other relief as this Court deems just
| PDF · Subscribers | |
| Book of Authorities of the Applicant | PDF · Subscribers | |
Endorsement of Justice Pattillo
| PDF · Subscribers | |
| Factum of the Applicants | PDF · Subscribers | |
Initial Order
| PDF · Subscribers | |
Unoffical Transcribed Endorsement of Justice Pattillo
| PDF · Subscribers | |
| i) EYI’s qualification to act as Monitor; ii) an overview of the Applicant; iii) a summary of the Applicant’s financial position; iv) the Applicant’s decision to commence CCAA proceedings and seek a stay of proceedings, including in respect of all Pending Litigation against any member of the PMI Group; v) an overview of the Applicant’s thirty (30) day cash flow forecast (the “Cash Flow Forecast”); and vi) certain relevant matters in respect of the relief sought in the Proposed Initial Order | PDF · Subscribers | |
List of Creditors as at
| PDF · Subscribers | |
Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.
CiteProceedings., “Rothmans, Benson & Hedges Inc” (CCAA), Ontario Superior Court of Justice · Commercial List. Retrieved 4 November 2026, https://proceedings.ca/case/rothmans-benson-hedges-inc