Ontario · CCAA
Application Record of ITCAN and ITCO - Volume 2
Application / notice of application · 12 March 2019
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What we verified from this filing3 verified
- unsecured creditorsnote: Solidary (joint and several) liability of ITL, RBH and JTM; internal apportionment among the defendants stated as ITL 67%, RBH 20%, JTM 13%. Judgment states that with interest and the additional indemnity running since the action was instituted in 1998, the sum translates to approximately $15,500,000,000. Court ordered provisional execution notwithstanding appeal of an initial aggregate deposit of $1,000,000,000, divided among the defendants by their share of liability, to be deposited in trust within 60 days. This is the May 27, 2015 trial judgment; per the application record it was appealed (Court of Appeal of Quebec judgment dated March 1, 2019). · page: 16 · as of: 2015-05-27 · basis: Moral (non-pecuniary) damages awarded to the Blais class by Quebec Superior Court judgment dated May 27, 2015 (No. 500-06-000076-980), condemned solidarily against the three defendant tobacco companies (Exhibit J to the Thauvette affidavit) · amount: 6858864000 · debtor: Imperial Tobacco Canada Limited (ITL / ITCAN) · creditor: Blais Class (Jean-Yves Blais and Conseil quebecois sur le tabac et la sante, class representatives) · currency: CAD
- unsecured creditorsnote: Symbolic amount of $30,000 for each defendant (ITL, RBH, JTM), described by the Court as one dollar for each Canadian death the tobacco industry causes annually. Provisional execution ordered notwithstanding appeal. Distinct from ITL's Letourneau punitive award, recorded separately. · page: 17 · as of: 2015-05-27 · basis: Punitive (exemplary) damages awarded against ITL in the Blais file · amount: 30000 · debtor: Imperial Tobacco Canada Limited (ITL / ITCAN) · creditor: Blais Class (Jean-Yves Blais and Conseil quebecois sur le tabac et la sante, class representatives) · currency: CAD
- unsecured creditorsnote: ITL's individual share of the aggregate Letourneau punitive award of $131,000,000 (ITL $72,500,000; RBH $46,000,000; JTM $12,500,000). The overall punitive base across both files was $1,310,000,000 (ITL $725,000,000; RBH $460,000,000; JTM $125,000,000), set at one year's before-tax profits of each defendant and split 90% to Blais / 10% to Letourneau. Moral damages in the Letourneau file were refused. Provisional execution ordered notwithstanding appeal. · page: 17 · as of: 2015-05-27 · basis: Punitive (exemplary) damages awarded against ITL in the Letourneau file · amount: 72500000 · debtor: Imperial Tobacco Canada Limited (ITL / ITCAN) · creditor: Letourneau Class (Cecilia Letourneau, class representative) · currency: CAD