Tobacco Claims Canada

In March of 2019, the major Canadian Tobacco Companies - Imperial Tobacco Canada Limited, Rothmans, Benson & Hedges Inc. and JTI- Macdonald Corp. – sought creditor protection from the Ontario Superior Court of Justice (Commercial List) (“Court”) under the Companies’ Creditors Arrangement Act (“CCAA”).

As a result, the Tobacco Companies participated in a Court supervised mediation in an effort to negotiate a global resolution of all claims and potential claims against the Canadian Tobacco Companies arising from tobacco use and/or exposure in Canada.

The Court will soon be asked to approve the global resolution of tobacco claims in Canada as set out in the Tobacco Companies’ Plans of Compromise and Arrangement, which include benefits for individuals in Canada affected by the use of and/or exposure to tobacco.

The benefits for individuals include:

1. money for individuals in Canada who suffer from certain tobacco-related diseases who meet the criteria under the Pan-Canadian Claimants’ Compensation Plan, also called the “PCC Compensation Plan”;
2. money for individuals in Quebec who suffer from certain tobacco-related diseases who meet the criteria under the Quebec Class Action Administration Plan; and
3. indirect benefits for individuals in Canada who do not meet the criteria to qualify them for payment under the PCC Compensation Plan or the Quebec Class Action Administration Plan, but who will indirectly benefit from the establishment of a Foundation that will fund research focused on improving outcomes in Tobacco-related Diseases.

In exchange for these benefits, all claims and potential claims against the Tobacco Companies by individuals in Canada who may have been affected by smoking the Tobacco Companies’ cigarettes will be released. This means that individuals will no longer have the right to sue or take legal action against the Tobacco Companies for any claims related to tobacco use and/or exposure in Canada. Once the claims are released, no further legal claims can be made for money related to any issues covered by the release.

The release is a separate document that will be reviewed, and which must be approved, by the Court.

Please note that the information provided in these FAQs is based on the current CCAA Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

The Companies’ Creditors Arrangement Act (CCAA) helps companies with large debts avoid bankruptcy by allowing them to continue operating while they reorganize and work to pay off their debts.

Under the CCAA, the Court provides companies with protection called a “stay of proceedings.” This stay temporarily prevents creditors from taking legal action against the companies, giving them time to negotiate a repayment plan or compromise with those it owes money to (called the “creditors”).

The goal of the stay of proceedings is to give the company the opportunity to reorganize, pay its debts, and remain in business.

In March of 2019, the major Canadian Tobacco Companies - Imperial Tobacco Canada Limited, Rothmans, Benson & Hedges Inc. and JTI- Macdonald Corp. – sought creditor protection under the CCAA.

As a result, the Tobacco Companies participated in a Court supervised mediation in an effort to negotiate a global resolution of all claims and potential claims against the Canadian Tobacco Companies arising from tobacco use and/or exposure in Canada.

The Court will soon be asked to approve the global resolution of tobacco claims in Canada as set out in the Tobacco Companies’ Plans of Compromise and Arrangement, which include benefits for individuals in Canada affected by the use of and/or exposure to tobacco.

The Pan-Canadian Claimants’ Compensation Plan, also called the “PCC Compensation Plan”, may provide money to anyone in Canada who:

1. lives in any Province or Territory,
2. was alive on March 8, 2019,
3. smoked a minimum of 87,600 cigarettes sold by the Tobacco Companies between January 1, 1950 and November 20, 1998,
4. was diagnosed in Canada with either Lung Cancer, Throat Cancer or Emphysema/COPD (GOLD Grade III or IV), and
5. was diagnosed with one of these diseases between March 8, 2015 and March 8, 2019 (inclusive of those dates);
6. and submits all required documentation by the deadline (which has not yet been set by the Court).

If this applies to you or someone you represent who meets these criteria, you may be eligible to receive compensation if you meet all the PCC eligibility criteria and submit all required documentation by the deadline (which has not yet been set by the Court).

For more details about eligibility, please see FAQ #4.

Please note that the information provided in these FAQs is based on the current CCAA Plan and PCC Compensation Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

If the PCC Compensation Plan is approved by the Court, you (or the person you represent) may qualify to receive money if you meet the following criteria (“PCC Eligibility Criteria”):

1. You live in a Province or Territory;
2. You were alive on March 8, 2019;
3. Between January 1, 1950 and November 20, 1998, you smoked a minimum of 87,600 cigarettes (also called “Twelve Pack-Years”) sold by the Tobacco Companies;
   Note: This calculator will assist you to calculate the number of cigarettes that you smoked.
4. Between March 8, 2015 and March 8, 2019 (inclusive of those dates), you were diagnosed with:
   1. Lung cancer, or
   2. Throat cancer, or
   3. Emphysema/COPD (GOLD Grade III or IV); and
5. On the date of your diagnosis with lung cancer, throat cancer or Emphysema/COPD (GOLD Grade III or IV), you resided in one of the Provinces or Territories.

If a smoker or former smoker was alive on March 8, 2019, and meets the PCC Eligibility Criteria, but is now deceased and resided in a Province or Territory on the date of their death, their estate may be entitled to receive money under the PCC Compensation Plan.

Also, if a smoker or former smoker is alive on the date that they submit a claim for compensation under the PCC Compensation Plan, meets the above PCC Eligibility Criteria and resided in a Province or Territory on the date of their death, but passes away before the money is distributed, their estate may be entitled to receive money under the PCC Compensation Plan.

Please note that the information provided in these FAQs is based on the current CCAA Plan and PCC Compensation Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

The PCC Compensation Plan provides money to Pan-Canadian Claimants who have been diagnosed with one or more of the following diseases: (i) Lung cancer, or (ii) Throat cancer, or (iii) Emphysema/COPD.

“Lung Cancer” means primary cancer of the lungs.

“Throat cancer” means primary cancer (squamous cell carcinoma) of the larynx, the oropharynx or the hypopharynx.

1. “Larynx” means the upper part of the respiratory passage that is bounded above by the glottis and is continuous below with the trachea.
2. “Oropharynx” means the part of the pharynx that is below the soft palate and above the epiglottis and is continuous with the mouth. It includes the back third of the tongue, the soft palate, the side and back walls of the throat, and the tonsils.
3. “Hypopharynx” means the laryngeal part of the pharynx extending from the hyoid bone to the lower margin of the cricoid cartilage.

“Emphysema” is a lung condition that causes difficulty breathing and can sometimes affect the heart. Under the PCC Compensation Plan, “Emphysema” includes COPD (GOLD Grades III and IV).

“COPD” stands for chronic obstructive pulmonary disease, with GOLD Grade III (severe) or IV (very severe). The Global Initiative for Chronic Obstructive Lung Disease (GOLD) created a system that classifies COPD into four grades based on how much airflow is limited. Grades III and IV are the most severe stages of the disease.

If you have been diagnosed with any of these diseases and meet all other PCC Eligibility Criteria, you may be entitled to compensation.

Please note that the information provided in these FAQs is based on the current CCAA Plan and PCC Compensation Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

If you live in Quebec, and you meet the PCC Eligibility Criteria described in FAQ #4, then you may be eligible for money under the PCC Compensation Plan.

If you reside in Quebec and you do not meet the PCC Eligibility Criteria described in FAQ #4, you are not eligible for money under the PCC Compensation Plan.

However, you may qualify to receive money under the Quebec Class Action Administration Plan, if you meet all the following criteria:

1. You reside in Quebec (If the Tobacco-Victim Claimant is deceased, they must have resided in Quebec on the date of their death);
2. Between January 1, 1950 and November 20, 1998, you smoked a minimum of 87,600 cigarettes sold by the Canadian Tobacco Companies.
   Note: This calculator will assist you to calculate the number of cigarettes smoked.
3. Before March 12, 2012, you were diagnosed with:
   1. Lung cancer, or
   2. Throat cancer, or
   3. Emphysema/COPD (GOLD Grade III or IV); and
4. On the date of your diagnosis with lung cancer, throat cancer or Emphysema/COPD (GOLD Grade III or IV) you resided in Quebec.

If you’re an heir of a person who died after November 20, 1998 and satisfied the above criteria, then you may submit a claim under the Quebec Class Action Administration Plan.

You are only permitted to make one claim for compensation, either under the Quebec Class Action Administration Plan or under the PCC Compensation Plan. You cannot make a claim to both Claims Processes. You may determine whether you are eligible to receive compensation under the Quebec Class Action Administration Plan here.

Please note that the information provided in these FAQs is based on the current CCAA Plan and PCC Compensation Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

The PCC Compensation Plan provides money to Pan-Canadian Claimants who meet the PCC Eligibility Criteria and who submit their claim and required documents to the Claims Administrator by the deadline, which has not yet been set by the Court.

The amount of money a Pan-Canadian Claimant may qualify for will depend upon several factors, including: the number of individuals in Canada who meet the PCC Eligibility Criteria, the type of diagnosis, and when the Pan-Canadian Claimant started smoking. These factors all impact the amount of money a claimant who meets all PCC Eligibility Criteria will ultimately receive.

An Eligible PCC-Claimant will receive money for the compensable disease they have been diagnosed with that qualifies for the highest payment under the PCC Compensation Plan.

The payments to PCC-Claimants who meet all PCC Eligibility Criteria will be up to, but may be less than, the maximum amounts shown in the table below:

Even if you qualify for compensation, you may receive less than the amounts listed in the table above for the reasons explained above in this question and answer.

Please note that the information provided in these FAQs is based on the current CCAA Plan and PCC Compensation Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

A Pan-Canadian Claimant must have smoked one or more of the following brands of cigarettes sold by the Tobacco Companies between January 1, 1950 and November 20, 1998, to qualify to receive money under the PCC Compensation Plan:

"Twelve Pack-Years of cigarettes", which is equal to 87,600 cigarettes, is the minimum amount of the Tobacco Companies’ cigarettes that a Pan-Canadian Claimant is required to have smoked between January 1, 1950 and November 20, 1998.

Twelve pack-years is calculated as any combination of the number of cigarettes smoked in a day multiplied by the number of days of consumption. For example, twelve pack-years equals:

1. 10 cigarettes smoked per day for 24 years (10 x 365 x 24) = 87,600 cigarettes or
2. 20 cigarettes smoked per day for 12 years (20 x 365 x 12) = 87,600 cigarettes or
3. 30 cigarettes smoked per day for 8 years (30 x 365 x 8) = 87,600 cigarettes.

Note: This calculator will assist you to calculate the number of pack-years that you smoked.

The PCC Compensation Plan has not yet been approved by the Court.

You cannot submit a claim for compensation under the PCC Compensation Plan unless and until it is approved by the Court.

There are several legal steps that must take place before the Court will review and hopefully approve the PCC Compensation Plan.

A Sanction Hearing is scheduled for January 29 to 31, 2025, where the Court will consider whether to approve the CCAA Plans. If the Court sanctions the Plans, they will come into effect, paving the way for compensation to be distributed to victims who meet the eligibility criteria under the Plans and submit claims by the deadline to be determined at a future date.

You can visit the registration page to sign up to receive updates on the Pan-Canadian Tobacco Proceedings as they become available.

By registering for updates, you will receive important information about the Pan-Canadian Tobacco Proceedings, including if and when the Court approves the PCC Compensation Plan, when to complete and submit a claim for compensation, and any other key deadlines.

If the PCC Compensation Plan is ultimately approved by the Court, you will need to submit a Claim Form together with one of the following forms of proof of your diagnosis to the Claims Administrator by no later than the deadline (which will be set by the Court, and which has not yet been determined).

1. a copy of a pathology report which confirms that you were diagnosed with Lung Cancer or Throat Cancer between March 8, 2015 and March 8, 2019 (inclusive of those dates); OR
2. a copy of a report of a spirometry test performed on you between March 8, 2015 and March 8, 2019 (inclusive of those dates), that first demonstrated a FEV1 (non-reversible) of less than 50% of the predicted value to first establish a diagnosis of Emphysema/COPD (GOLD Grade III or IV) between March 8, 2015 and March 8, 2019 (inclusive of those dates); OR
3. A copy of an extract from your medical file confirming the diagnosis of Lung Cancer, Throat Cancer or Emphysema/COPD (GOLD Grade III or IV) between March 8, 2015 and March 8, 2019 (inclusive of those dates); OR
4. A completed Physician Form (which will be available on this website if the PCC Compensation Plan is approved); OR
5. A written statement from your Physician, or another physician having access to your medical record, confirming the diagnosis of Lung Cancer or Throat Cancer or Emphysema/COPD (GOLD Grade III or IV) between March 8, 2015 and March 8, 2019 (inclusive of those dates) and providing at least one of the required records to verify the diagnosis and date of diagnosis.

If you are the Legal Representative for an individual who is currently alive, or is now deceased, and who may fulfill the PCC Eligibility Criteria, you will need to provide the Claims Administrator with documents, in addition to the above, including:

1. proof of death (if the PCC-Claimant is deceased);
2. documents proving that you are authorized to make a Claim on behalf of the individual.

The specific information is detailed on the Claim Form (which will be posted to this website if the PCC Compensation Plan is approved by the Court).

Please note that the information provided in these FAQs is based on the current CCAA Plan and PCC Compensation Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

If the PCC Compensation Plan is approved by the Court and you wish to submit a claim on someone else's behalf who meets all the PCC Eligibility Criteria, you will need to submit documents proving you have authority to act on behalf of the PCC-Claimant or Estate of a PCC-Claimant.

The Claim Form to be completed by the Legal Representative (which will be posted to this website if the PCC Compensation Plan is approved by the Court) provides detailed information of the required documents. The documents vary based on the reason you are filing on behalf of the PCC-Claimant, and which Province or Territory the PCC-Claimant resides or resided in at the time of death.

Here are some examples of the types of documents you may need:

If the Claimant has passed away on or after March 8, 2019:

1. Proof of death, such as a Death Certificate, Medical Certificate of Death, or a Statement of Death from a funeral service provider; and
2. Legal documents like a Grant of Probate (if there was a Will) or Grant of Administration (if there was no Will), or other documents depending on the Province or Territory.

If the Claimant is still alive:

1. Documents that show you have the authority to act on behalf of the Claimant, such as Power of Attorney, Proof of Guardianship, or similar documents depending on the Province or Territory.

Further details and specific document requirements will be outlined in the Claim Forms, which will be posted to this website once they have been reviewed and approved by the Court.

Please note that any cheque for money will not be made payable directly to you as the Legal Representative for the PCC-Claimant or the estate of the PCC-Claimant. Instead, cheques will be made payable to the PCC-Claimant or the estate of the PCC-Claimant, as applicable.

Please note that the information provided in these FAQs is based on the current CCAA Plan and PCC Compensation Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

The PCC Compensation Plan has not yet been approved by the Court.

You cannot submit a claim for money under the PCC Compensation Plan unless and until it is approved by the Court.

There are several legal steps that must take place before the Court will review and hopefully approve the PCC Compensation Plan.

A Sanction Hearing is scheduled for January 29 to 31, 2025, where the Court will consider whether to approve the CCAA Plans. If the Court sanctions the Plans, they will come into effect, paving the way for compensation to be distributed to victims who meet the eligibility criteria under the Plans and submit claims by the deadline to be determined at a future date.

If the PCC Compensation Plan is approved, you will be able to complete and submit a claim online through this website or download and complete the Claim Form which you can email or mail with the necessary documents, to the Claims Administrator.

You can visit the registration page to sign up to receive updates on the Pan-Canadian Tobacco Proceedings as they become available.

By registering for updates, you will receive important information about the Pan-Canadian Tobacco Proceedings, including if and when the Court approves the PCC Compensation Plan, when to complete and submit a claim for compensation, and any other key deadlines.

We are unable to provide a specific date for when payments will be distributed at this time.

If the PCC Compensation Plan is ultimately approved by the Court, a Notice will be widely published providing information about the PCC Compensation Plan, and the deadline by which all claims must be submitted to the Claims Administrator. Right now, the deadline is 24 months from the date that the Notice is published. The deadline may be modified by the Court.

After the deadline for all claims to be submitted has passed, the Claims Administrator will complete its review of submitted claims and will then distribute payment. The timing of this process depends on several factors, including the number of claims received, whether the submission deadline is extended, and other logistical considerations.

You can visit the registration page to sign up to receive updates on the Pan-Canadian Tobacco Proceedings as they become available.

By registering for updates, you will receive important information about the Pan-Canadian Tobacco Proceedings, including if and when the Court approves the PCC Compensation Plan, when to complete and submit a claim for compensation, and any other key deadlines.

Please note that the information provided in these FAQs is based on the current CCAA Plan and PCC Compensation Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

If you were alive on March 8, 2019, and meet all other PCC Eligibility Criteria, but die before the PCC Compensation Plan is approved by the Court and resided in a Province or Territory on the date of your death, your estate may be entitled to receive compensation from the PCC Compensation Plan.

If you were alive on the date that you submitted a claim under the PCC Compensation Plan, and meet all other PCC Eligibility Criteria, but die before the money is distributed and resided in a Province or Territory on the date of your death, your estate may be entitled to receive compensation from the PCC Compensation Plan.

In either of these circumstances, having a valid Will can be helpful in ensuring your claim is handled smoothly. A Will provides clear instructions for distributing your assets and can make the process easier for your family or representatives.

Probate is the legal process where a court validates a deceased person's Will and grants authority to the executor to manage and distribute the estate according to the Will’s terms. If the deceased person did not leave a Will, probate appoints an estate administrator to handle the distribution of assets according to provincial or territorial laws.

Probate can be more complex and costly if there is no Will in place. Thus, it’s recommended that all adults have a valid Will to help avoid unnecessary complications.

If you smoke or smoked, but do not meet the PCC Eligibility Criteria, you are not eligible to receive money under the PCC Compensation Plan.

However, your legal rights will be impacted by the Global Tobacco Proceedings, if the Tobacco Companies’ Plans of Compromise and Arrangement are approved by the Court.

The global resolution of the Tobacco Claims in Canada resolves all claims and potential claims against the Canadian Tobacco Companies and their parent and affiliated companies arising from tobacco use and/or exposure in Canada.

It includes compensation for Pan-Canadian Claimants suffering from certain Tobacco-related Diseases who meet the PCC Eligibility Criteria under the PCC Compensation Plan.

Another component of the global tobacco resolution is the establishment of the Cy-près Fund which will provide funding for research focused on improving outcomes in Tobacco-related Diseases. The Cy-près Fund will provide indirect benefits to the diverse group of individuals in Canada relating to harm caused by tobacco.

In exchange for the direct compensation to be provided to PCCs under the PCC Compensation Plan and the indirect benefits provided through the Cy-près Fund, all claims and potential claims against the Tobacco Companies by individuals in Canada who may have been affected by smoking the Tobacco Companies’ cigarettes will be released. This means that individuals will no longer have the right to sue or take legal action against the Tobacco Companies for any claims related tobacco use and/or exposure in Canada. Once the claims are released, no further legal claims can be made for money related to any issues covered by the release.

The release is a separate document that will be reviewed, and which must be approved, by the Court.

Please note that the information provided in these FAQs is based on the current CCAA Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

No. To qualify for money under the PCC Compensation Plan, you must have smoked a minimum of 87,600 cigarettes sold by the Canadian Tobacco Companies between January 1, 1950 and November 20, 1998.

You may indirectly benefit from the establishment of a Foundation that will fund research focused on improving outcomes in Tobacco-related Diseases.

No. To qualify for money under the PCC Compensation Plan, you must have been diagnosed with lung cancer, throat cancer or Emphysema/COPD (GOLD Grade III or IV) in Canada between March 8, 2015 and March 8, 2019 (inclusive of those dates).

You may indirectly benefit from the establishment of a Foundation that will fund research focused on improving outcomes in Tobacco-related Diseases.

No. The PCC Compensation Plan is specifically designed so that PCC-Claimants and their Representatives will be able to complete and submit Claim Forms without hiring third-party lawyers or other service providers offering form completion or submission services.

To support this, Epiq, the authorized agent for PCC Representative Counsel, will provide free assistance to PCC-Claimants and their Representatives throughout the Claims Process. This includes helping claimants obtain medical documents and complete, legally swear, and submit their Claim Forms to the Claims Administrator if and when the Court approves the proposed PCC Compensation Plan.

When submitting claims to the PCC Compensation Plan, individuals will have to declare that the answers provided in their Claim Forms are true and accurate. This declaration must be made in the presence of a Commissioner of Oaths (or Commissioner for taking Affidavits), who will ask you to swear or affirm the truth of your statements. Epiq, as the authorized agent for the PCC Representative Counsel, will offer this commissioning service free of charge. Please contact Epiq for more information.

In some limited circumstances, individuals acting on behalf of a PCC-Claimant or the Estate of a deceased PCC-Claimant may need to consult an estate lawyer to obtain necessary documentation, such as a Grant of Probate (if there is a Will), Grant of Administration (if there is no Will), Power of Attorney, Proof of Guardianship, or similar documents, depending on the Province or Territory. For more information on required documents, please see FAQ #12.

Please note that the information provided in these FAQs is based on the current CCAA Plan, which may be subject to change. All aspects of the CCAA Plan are subject to approval by the Court, and the details may be updated as the process evolves. We recommend checking back regularly for any updates or changes.

There are no deadlines currently.

A Sanction Hearing is scheduled for January 29 to 31, 2025, where the Court will consider whether to approve the CCAA Plans. If the Court sanctions the Plans, they will come into effect, paving the way for compensation to be distributed to victims who meet the eligibility criteria under the Plans and submit claims by the deadline to be determined at a future date.

You can visit the registration page to sign up to receive updates on the Pan-Canadian Tobacco Proceedings as they become available.

By registering for updates, you will receive important information about the Pan-Canadian Tobacco Proceedings, including if and when the Court approves the PCC Compensation Plan, when to complete and submit a claim for compensation, and any other key deadlines.

The PCC Representative Counsel, The Law Practice of Wagner & Associates, Inc. (Wagners Law Firm), was appointed by the Court to represent the interests of all Pan-Canadian Claimants in the Tobacco Companies’ CCAA Proceedings and the Court-supervised mediation.

To ensure that all inquiries related to this matter are handled consistently and efficiently, all communications regarding the Tobacco Claims Process are being managed exclusively by Epiq.

Due to volume, Wagners is unable to return calls or emails related to Tobacco Claims.

You can visit the registration page to sign up to receive updates on the Pan-Canadian Tobacco Proceedings as they become available.

By registering for updates, you will receive important information about the Pan-Canadian Tobacco Proceedings, including if and when the Court approves the PCC Compensation Plan, when to complete and submit a claim for compensation, and any other key deadlines.

You can also contact us, the Tobacco Claims Agent, for more information at the address below:

Tobacco Claims Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6

Toll-Free (in Canada): 1-888-482-5852
Email: info@TobaccoClaimsCanada.ca

If you have already registered, please promptly notify the Tobacco Claims Agent of any changes to your contact information as we will use is the details on file to communicate with you. When submitting updates, please include your full name, registration ID, your previous contact information, and the new details you wish to update.

Contact information requests can be made by emailing info@TobaccoClaimsCanada.ca, calling our toll-free number 1-888-482-5852 or writing to us via regular mail at the following address:

Tobacco Claims Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6

On December 12, 2024, the CCAA Plans achieved a major milestone, receiving votes of approval from the creditors, including the Provinces, Territories, and legal representatives of tobacco harm victims.

A Sanction Hearing is scheduled for January 29 to 31, 2025, where the Court will consider whether to approve the CCAA Plans. If the Court sanctions the Plans, they will come into effect, paving the way for compensation to be distributed to eligible victims who meet the criteria and submit claims by the deadline, which will be determined at a future date.

If the Plans are approved, a Court-approved notice will be issued providing details about the claims process and applicable deadlines. Eligible tobacco victims will have a defined period to submit claims for compensation under the Plans. Claimants are encouraged to monitor updates to ensure they meet the applicable timelines. The Law Practice of Wagner & Associates, Inc. (“Wagners”) was appointed by the Court in 2019 as PCC Representative Counsel to represent the interests of Pan-Canadian Claimants in the CCAA Proceedings and Epiq Class Action Services Canada, Inc, is the official Agent to PCC Representative Counsel.

Epiq’s role includes:

• Helping claimants with submitting their claims, at no cost to them, and navigating the claims process through its role as Agent to PCC Representative Counsel.
• If the CCAA Plans are approved after the Sanction Hearing in January of 2025, a separate arm of Epiq will act as a neutral Claims Administrator, processing claims, ruling on claim eligibility and distributing compensation to claimants.

The votes by creditors in support of the CCAA Plans represents a significant step toward justice for victims of tobacco harm across Canada. If the Court sanctions the Plans in January, eligible claimants will be able to submit claims and receive compensation through a streamlined, fair, and accessible process overseen by Epiq.

If the Plans are approved, a Court-approved notice will be issued providing details about the claims process and applicable deadlines. Eligible tobacco victims will have a defined period to submit claims for compensation under the Plans. Claimants are encouraged to monitor updates to ensure they meet the applicable timelines.

The claims process under the PCC Compensation Plan is designed to be straightforward so that claimants can submit their claims directly for consideration and approval by the Claims Administrator. Epiq, as the official Claims Agent, will provide free assistance to claimants. Claimants are not required to hire independent legal representation to file their claims. If a claimant chooses to obtain independent legal representation, this will likely reduce the compensation they receive.

No. We are an independent third-party retained by the lawyers who were appointed by the Court to represent the interests of the Pan-Canadian Claimants. As the official Claims Agent, we provide free assistance to claimants. We are not lawyers.

If the Plans are approved, then Epiq will also be the Court-Appointed Claims Administrator.

Epiq’s role includes:

• Helping claimants with submitting their claims, at no cost to them, and navigating the claims process through its role as Agent to PCC Representative Counsel.
• If the CCAA Plans are approved after the Sanction Hearing in January of 2025, a separate arm of Epiq will act as a neutral Claims Administrator, processing claims, ruling on claim eligibility and distributing compensation to claimants.

Please note that claims process has not begun.

A Sanction Hearing is scheduled for January 29 to 31, 2025, where the Court will consider whether to approve the CCAA Plans. If the Court sanctions the Plans, they will come into effect, paving the way for compensation to be distributed to victims who meet the eligibility criteria under the Plans and submit claims by the deadline to be determined at a future date.

If the Plans are approved, a Court-approved notice will be issued providing details about the claims process and applicable deadlines. Eligible tobacco victims will have a defined period to submit claims for compensation under the Plans. Claimants are encouraged to monitor updates to ensure they meet the applicable timelines.

The claims process under the PCC Compensation Plan is designed to be straightforward so that claimants can submit their claims directly for consideration and approval by the Claims Administrator. Epiq, as the official Claims Agent, will provide free assistance to claimants. Claimants are not required to hire independent legal representation to file their claims. If a claimant chooses to obtain independent legal representation, this will likely reduce the compensation they receive.