Leave Granted to Continue Proceeding as Individual Action on Behalf of Plaintiffs and their Families
On January 11, 2000, a proposed class action was commenced against Imperial Tobacco Canada Limited (“Imperial Tobacco”), Rothmans, Benson & Hedges Inc. (“RBH”) and JTI-MacDonald Inc. (“JTI-M”). (The claim against RBH and JTI-M was subsequently dismissed on December 5, 2000.)
The loss giving rise to the action was a house fire which claimed three young lives. The cause of the fire is alleged to have been an unextinguished cigarette. The claim alleges a cigarette manufactured by Imperial Tobacco, that one of the residents had been smoking, came into contact with the couch and that the unextinguished cigarette smouldered for some time before the couch burst into flames whereupon the fire spread quickly.
Certification of this proposed class action was denied by order dated October 31, 2005. The plaintiffs thereafter appealed the denial of certification to the Divisional Court. The appeal was unsuccessful and the plaintiffs sought leave to appeal to Court of Appeal for Ontario. The motion for leave to appeal was dismissed on August 26, 2009.
By Order dated October 18, 2011, Justice Horkins allowed the plaintiffs’ motion and leave was granted allowing the action to continue as a traditional proceeding on behalf of the named plaintiffs and their family members.
If you have any questions with respect to the fire-safe cigarette litigation do not hesitate to contact Joel Rochon at [email protected] of ROCHON | GENOVA .
