Case information
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36741
JTI-MacDonald Corp. v. Attorney General of Quebec
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-06-14 | Close file on Leave | |
| 2016-06-14 | Discontinuance of the bill of costs, (Letter Form) | Attorney General of Quebec |
| 2016-05-31 | Bill of costs, proof of service, filing fee and original copy missing (proof of service, original copy and filing recv'd 2016-06-03), Completed on: 2016-06-14, (Printed version filed on 2016-06-03) | Attorney General of Quebec |
| 2016-05-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-06 | Judgment on leave sent to the parties | |
| 2016-05-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number, 500-09-024341-141, 2015 QCCA 1554, dated September 28, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-04-07 | Correspondence (sent by the Court) to, all parties, re: Justice Côté has recused herself from any involvement in this proceeding | |
| 2016-03-21 | All materials on application for leave submitted to the Judges, Cro Wa Br | |
| 2016-01-25 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-01-25, (Electronic version filed on 2016-01-25) | JTI-MacDonald Corp. |
| 2016-01-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-01-15, (Electronic version filed on 2016-01-15) | Attorney General of Quebec |
| 2016-01-15 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-01-15) | Attorney General of Quebec |
| 2015-11-30 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2015-11-30 | |
| 2015-11-27 | Book of authorities, (Book Form), (Electronic version due on 2015-12-04) | JTI-MacDonald Corp. |
| 2015-11-27 | Certificate (on limitations to public access), (Letter Form), (Electronic version due on 2015-12-04) | JTI-MacDonald Corp. |
| 2015-11-27 | Notice of name, (Letter Form), (Electronic version due on 2015-12-04) | JTI-MacDonald Corp. |
| 2015-11-27 | Application for leave to appeal, (Book Form), Completed on: 2015-11-27, (Electronic version due on 2015-12-04) | JTI-MacDonald Corp. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| JTI-MacDonald Corp. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Respondent | Active |
Counsel
Party: JTI-MacDonald Corp.
Counsel
1000 rue de La Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 879-1212
FAX: (514) 954-1905
Email: gpratte@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Attorney General of Quebec
Counsel
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51478
FAX: (514) 873-7074
Email: benoit.belleau@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Civil procedure — Quebec Charter — Evidence — Are the protections afforded by the terms “full and equal, public and fair hearing” in s. 23 of the Quebec Charter violated by the provisions of the Tobacco-related Damages and Health Care Costs Recovery Act, which have the effect of placing the tobacco manufacturers at a substantial disadvantage against the Government and private litigants? — Tobacco-related Damages and Health Care Costs Recovery Act, c. RLRQ, c. R-2.2.0.0.1.
Tobacco manufacturers argue that the Quebec Tobacco-related Damages and Health Care Costs Recovery Act is unconstitutional, particularly with respect to the right to a fair and full and equal hearing provided for under s. 23 of the Quebec Charter. On June 19, 2009, the Government assented to the Act, establishing special rules applicable to lawsuits seeking the recovery of tobacco-related health care costs and damages against tobacco manufacturers. The Act was first challenged in a motion for declaratory judgment. The Respondent’s subsequent motion for summary dismissal was dismissed and leave to appeal that decision was denied. In June 2012, the Respondent filed a lawsuit against the Applicant and other defendants seeking $60 billion in damages. The trial judge concluded that the Act did not infringe the Quebec Charter. The Applicant’s subsequent appeal to the Court of Appeal was also dismissed.
Lower court rulings
Court of Appeal of Quebec (Montréal)
2011 QCCA 132, 500-09-021213-103, 500-17-052494-096
Motion for leave to appeal dismissal of Respondent’s motion for summary dismissal, dismissed
Superior Court of Quebec
2012 QCCS 726
Respondent’s motion to quash subpoena granted: objection to communication of extrinsic evidence pertaining to the Act upheld
Court of Appeal of Quebec (Montréal)
2012 QCCA 2196, 500-09-022534-127, 500-17-052494-096
Decision to quash subpoena confirmed
Superior Court of Quebec
2014 QCCS 842, 500-17-05294-096
Motion for declaratory judgment challenging validity of the Act dismissed
Court of Appeal of Quebec (Montréal)
2015 QCCA 1554, 500-09-024341-141
Appeal from trial judgment dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available