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Imperial Tobacco Canada Limited - Motion Materials
The following motion materials have been filed in the proceedings:
Joint Oral Compendium of (i) the Court-Appointed Mediator, (ii) FTI Consulting Canada Inc., in its capacity as court-appointed Monitor of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited, and (iii) Ernst & Young Inc. in its capacity as court-appointed Monitor of Rothmans, Benson & Hedges Inc., in connection with the motions returnable October 31, 2024 Joint Oral Compendium - Court Appointed Mediator and Imperial and RBH Monitors |
October 30, 2024 |
| Joint Reply Factum of the Mediator & Imperial & RBH Monitors in connection to the Motions for Meeting Orders and Claims Procedure Orders (Returnable October 31, 2024)
Joint Reply Factum of the Mediator & Imperial & RBH Monitors |
October 30, 2024 |
| Factum of the Applicants, Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited, for the motion returnable October 31, 2024
Factum of the Applicants |
October 29, 2024 |
| Joint Factum of the Court-Appointed Mediator & Monitors in connection to the Motions for Meeting Orders and Claims Procedure Orders (Returnable October 31, 2024)
Joint Factum of the Court-Appointed Mediator & Monitors |
October 28, 2024 |
| Motion Record of FTI Consulting Canada Inc., in Its Capacity As Monitor of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited (Motion for Claims Procedure Order and Meeting Order Returnable October 31, 2024)
Motion Record of FTI Consulting Canada Inc. |
October 17, 2024 |
| Motion Record Of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited For Stay Extension Returnable October 1, 2024 Motion Record of the Applicants |
September 17, 2024 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited For Stay Extension Returnable March 25, 2024
Motion Record of the Applicants |
March 11, 2024 |
| Factum of ITCAN and ITCO dated September 22, 2023 in respect of the Stay Extension Hearing scheduled for September 27, 2023 |
September 22, 2023 |
| QCAP's Responding Affidavit regarding Imperial's Motion for a Stay Extension returnable September 27, 2023 |
September 14, 2023 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited For Stay Extension Returnable September 27, 2023
Motion Record of the Applicants |
September 13, 2023 |
| Reply Factum of the Heart and Stroke Foundation of Canada on behalf of the Proposed Future Tobacco Harm Stakeholders
Reply Factum |
April 11, 2023 |
| Factum and Abbreviated Book of Authorities of the Monitors, FTI Consulting Canada Inc., in its capacity as Monitor of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited; Deloitte Restructuring Inc., in its capacity as Monitor of JTI-Macdonald Corp.; and Ernst & Young Inc., in its capacity as Monitor of Rothmans, Benson & Hedges Inc., in connection to the motion for leave by the Heart and Stroke Foundation of Canada.
Abbreviated Joint Book of Authorities Joint Factum - Monitors |
April 6, 2023 |
| Factum and Abbreviated Book of Authorities of the Heart and Stroke Foundatio of Canada on behalf of the Proposed Future Tobacco Harm Stakeholders.
Factum Abbreviated Book of Authorities |
March 31, 2023 |
| Ontario Flue-Cured Tobacco Growers' Marketing Board's submissions regarding Imperial's Motion for a Stay Extension returnable March 28, 2023.
Submissions - Tobacco Board |
March 23, 2023 |
| QCAP's Responding Motion Record regarding Imperial's Motion for a Stay Extension returnable March 28, 2023.
QCAP's Responding Motion Record |
March 20, 2023 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited For Stay Extension Returnable March 28, 2023
Motion Record of the Applicants |
March 17, 2023 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited For Stay Extension Returnable September 28, 2022
Motion Record of the Applicants |
September 20, 2022 |
| Motion Record of the Heart and Stroke Foundation of Canada to seek an order providing the following relief: (a) if necessary, abridging the time for service of this Notice of Motion and the Responding Motion Record and dispensing with service on any person other than those served; (b) if necessary, leave to bring this Motion; (c) appointing Tyr LLP as representative counsel for the Future Tobacco Harm Stakeholders (the "FTH Stakeholders"), as described in detail below, onterms set out in the proposed FTH Representation Order (the "Draft Order"); and (d) such further and other relief as this Court may deem just. Motion Record of the Heart and Stroke Foundation of Canada |
September 19, 2022 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited authorizing the Applicants to post security as required by the Excise Act Amendments returnable July 11, 2022 Motion Record of the Applicants |
July 7, 2022 |
| Protocol for Motion by Zoom Video Conference |
March 10, 2022 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited For Stay Extension Returnable March 22, 2022 Motion Record of the Applicants |
March 10, 2022 |
| Protocol for Motion by Zoom Video Conference |
September 17, 2021 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited For Stay Extension Returnable September 27, 2021. Motion Record of the Applicants |
September 17, 2021 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited For Stay Extension Returnable March 30, 2021. Motion Record of the Applicants |
March 19, 2021 |
| Protocol for Motion by Zoom Video Conference |
March 17, 2021 |
| Phone number and meeting ID for the hearing to be held on September 29, 2020 at 10:00 AM Eastern Time. Public Hearing - Phone Line |
September 25, 2020 |
| Motion Record Of Imperial Tobacco Canada Limited And Imperial Tobacco Company Limited For Stay Extension Returnable September 29, 2020. Motion Record of the Applicants |
September 21, 2020 |
| Motion Record of ITCAN and ITCO for an order varying the stay of proceedings imposed by the Second Amended and Restated Initial Order dated March 12, 2019 (the "Initial Order"). The motion will be heard in writing and, pursuant to paragraph 63 of the Initial Order, is being brought on 7 days’ notice. If any party on the service list objects to either the relief being sought or to the motion being heard in writing, please advise the counsel to the Applicants, Osler, Hoskin & Harcourt LLP, by March 12, 2020. Motion Record of the Applicants |
March 6, 2020 |
| CourtCall has been enabled for the hearing on February 20, 2020 (audio only). The line will open at 10:00 AM. Each party that would like to appear remotely must register with CourtCall prior to the hearing. To register, contact CourtCall at (888) 882-6878 or (310) 342-0888. Please note that if you intend to appear via CourtCall, you will not be able to make submissions over the phone line. CourtCall Service Copy - Feb 20, 2020 |
February 19, 2020 |
| Motion Record of the Applicants returnable on February 20, 2020. |
February 13, 2020 |
| Affidavit of Ronald Podolny in connection with the hearing on December 6, 2019 on behalf of Rochon Genova LLP, retained to act as counsel, in the CCAA and related proceedings, for the putative class members in Alberta, Manitoba, Nova Scotia, Saskatchewan, Ontario and British Columbia. Affidavit of Ronald Podolny |
December 06, 2019 |
| Draft Order sought by Ernst & Young Inc. in its capacity as court-appointed Monitor of Rothmans, Benson & Hedges Inc., Deloitte Restructuring Inc. in its capacity as court-appointed Monitor of JTI-Macdonald Corp. and FTI Consulting Canada Inc. in its capacity as court-appointed Monitor of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited in connection with the joint motion for advice and directions regarding the proposed appointment of representative counsel. Draft Rep Counsel Order |
December 05, 2019 |
| Factum and Book of Authorities of: (i) FTI Consulting Canada Inc. in its capacity as court-appointed Monitor of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited; (ii) Ernst & Young Inc. in its capacity as court-appointed Monitor for Rothmans Benson & Hedges Inc.; and (iii) Deloitte Restructuring Inc. in its capacity as court-appointed Monitor for JTI-Macdonald Corp., in connection with a joint motion for advice and directions regarding orders appointing representative counsel scheduled to be heard on December 6, 2019 at 10:00 a.m. at 330 University Ave, Toronto, Ontario. The Brief of Authorities is available for download at the following secure link: Davies Ward Phillips & Vineberg LLP Factum Book of Authorities |
December 04, 2019 |
| Court Call details for the hearing on December 6, 2019 (audio only). The line will open at 10:00 AM. Court Call Service Copy |
December 04, 2019 |
| Joint Notice Motion of Ernst & Young Inc. in its capacity as court-appointed Monitor of Rothmans, Benson & Hedges Inc., Deloitte Restructuring Inc. in its capacity as court-appointed Monitor of JTI-Macdonald Corp. and FTI Consulting Canada Inc. in its capacity as court-appointed Monitor of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited (the "Tobacco Monitors") for a joint motion for advice and directions regarding orders appointing representative counsel, which is scheduled to be heard on December 6, 2019 at 10:00 a.m. at 330 University Ave, Toronto, Ontario. Joint Notice of Motion of Tobacco Monitors |
November 25, 2019 |
| QCAPs' Factum and Book of Authorities in respect of the Stay Extension Hearing on October 2, 2019 QCAPs Factum QCAPs Book of Authorities |
September 30, 2019 |
| Court call details for the court hearing to be held on October 2, 2019 (audio only). The line will open at 9:30 AM. Court Call details for Oct 2, 2019 |
September 30, 2019 |
| QCAPs' Responding Motion Record in respect of the Stay Extension Hearing on October 2, 2019. QCAPs Responding Motion Record |
September 25, 2019 |
| Responding Motion Record and Factum of the Canadian Cancer Society for the motion returnable October 2, 2019 Responding Motion Record of the Canadian Cancer Society Factum of the Canadian Cancer Society Brief of Authorities of the Canadian Cancer Society |
September 24, 2019 |
| Motion Record of the Applicants returnable on October 2, 2019 |
September 23, 2019 |
| Proposed Court-to-Court Communications Order. Any objections to this order can be emailed to Robin Schwill ([email protected]) of Davies by the end of day on July 2, 2019. If no objections are received, then Davies will advise His Honour of that fact and the order will likely be simply signed and issued. Draft Order - Court to Court Communications |
June 26, 2019 |
| A revised draft stay extension order by the Applicants, and a blackline to the version included in the Applicants' motion record. Note that the Applicants will be seeking a stay extension until October 4, 2019 at the hearing on June 26, 2019. Blackline - Stay Extension Order (Imperial CCAA) Draft Stay Extension Order (Imperial CCAA) |
June 25, 2019 |
| Responding Factum and Book of Authorities of Her Majesty in Right of Alberta and Newfoundland and Labrador, in respect of the motion returnable June 26, 2019 Responding BOA, Alberta and Newfoundland re June 26, 2019 Stay Extension Responding Memorandum of Argument, Alberta and Newfoundland re June 26, 2019 Stay Extension |
June 25, 2019 |
| The Book of Authorities of the Quebec Class Action Plaintiffs in respect of the motion returnable June 26, 2019 Book of Authorities |
June 25, 2019 |
| A proposed Common Service List Protocol which will be presented at the scheduled hearing on June 26, 2019. Justice McEwen has indicated that the protocol meets with his approval subject to any concerns being raised by parties to the proceedings. It is Justice McEwen's intention to have a meeting in Chambers at 10:00 AM immediately prior to June 26th hearing and, at that time, any concerns relating to the draft protocol can be raised with him. Common Service Protocol |
June 24, 2019 |
| Motion Record and Book of Authorities of the Canadian Cancer Society for the stay extension motion returnable on June 26, 2019 Responding Motion Record of Canadian Cancer Society - Motion for Stay Book of Authorities of the Canadian Cancer Society (Imperial Tobacco) |
June 24, 2019 |
| Quebec Class Action Plaintiff's Notice of Motion and Motion Record as well as its Factum, returnable June 26, 2019 Motion Record QCAP Factum |
June 21, 2019 |
| Letter sent on behalf of the provinces of Alberta and Newfoundland & Labrador, the Consortium Provinces represented by Bennett Jones LLP, and the province of Quebec, regarding the stay extension period. Letter to Counsel |
June 21, 2019 |
| Factum and Book of Authorities of the Applicants dated June 20, 2019 for the Genstar Settlement Approval Motion returnable June 26, 2019 Factum of the Applicants (Genstar Settlement Approval) Book of Authorities of the Applicants (Genstar Settlement Approval) |
June 20, 2019 |
| Motion Record of the Applicants for the Genstar settlement approval motion returnable on June 26, 2019 Motion Record of ITCAN and ITCO for Genstar settlement approval |
June 18, 2019 |
| Motion materials of ITCAN and ITCO (the Applicants) for the stay extension motion returnable on June 26, 2019. Motion Record of ITCAN and ITCO |
June 17, 2019 |
| Letter sent on behalf of the Applicants in response to the letter from FFMP dated June 7, 2019. Letter response from ITCAN and ITCO to FFMP and QCAPs |
June 13, 2019 |
| Letter sent on behalf of the Quebec Class Action Plaintiffs ("QCAPs") requesting that the Applicants file their motion and materials in support of the stay extension motion scheduled for June 26, 2019 by no later than Friday, June 14, 2019. Letter from FFMP to ITCAN and ITCO |
June 7, 2019 |
| ITCAN and ITCO (the Applicants) and the Quebec Class Action Plaintiffs ("QCAPs") have agreed on the below form of order in relation to the QCAPs' motion for clarification of the Insurance Lift-Stay Order dated April 5, 2019. Insurance Settlement - Draft Order |
May 31, 2019 |
| Updated draft order that the Applicants will be seeking at the hearing on May 14, 2019, approving the form of notice of and the notice plan for the Settlement Approval Hearing for the settlement between Imperial Tobacco Canada Limited and Representatives of beneficiaries of the Genstar Plans. Blackline - Imperial CCAA - Notice Procedure Order Imperial Tobacco CCAA - Notice Procedure Order |
May 13, 2019 |
| Court Call instructions for hearing on May 14, 2019. Court Call - May 14, 2019 |
May 13, 2019 |
| Letter sent on behalf of the Quebec Class Action Plaintiffs to Justice McEwen for the hearing on May 14, 2019. Letter sent to Justice McEwen |
May 13, 2019 |
| Protocol to facilitate communications between Justice McEwen and Mr. Winkler, in his capacity as the Court-appointed mediator. Communication Protocol |
May 13, 2019 |
| Order that ITCAN and ITCO (the Applicants) will be seeking at the hearing on May 14, 2019, approving the form of notice of and the notice plan for the Settlement Approval Hearing for the settlement between Imperial Tobacco Canada Limited and Representatives of beneficiaries of the Genstar Plans. Draft Order sought by the Applicants |
May 10, 2019 |
| Motion materials (including Factum, Book of Authorities, and Second Amended and Restated Initial Order) of ITCAN and ITCO (the Applicants) responding to the Motion of the Genstar US Pension Plan Beneficiaries returnable April 25 & 26, 2019 Book of Authorities of the Applicants (Genstar Retirees Motion) Factum of the Applicants (Genstar Retirees Motion) Blackline - Imperial - First v Second Amended Initial Order Second Amended and Restated Initial Order |
April 24, 2019 |
| Correspondence sent to Justice McEwen on behalf of the Monitors in each of the Tobacco CCAA proceedings, providing an update on the status of matters that are resolved (or expected to be resolved), as well as those which are expected to proceed on an opposed basis at the hearing on April 25 & 26, 2019. Letter to The Honourable Mr. Justice McEwen |
April 24, 2019 |
| Motion materials of the Former Genstar U.S. Retiree Group Committee for the hearing on April 25, 2019 Factum of Genstar Retirees for April 25, 2019 Supplementary Motion Record for April 25, 2019 Book of Authorities of Genstar Retirees for April 25, 2019 Book of Representation Orders for April 25, 2019 |
April 23, 2019 |
| Court Call details for the court hearing to be held on April 25 & 26, 2019 Court Call details for April 25 & 26, 2019 |
April 23, 2019 |
| Correspondence from Her Majesty the Queen in Right of Ontario responding to the Notice of Constitutional Question raised by the Former Genstar U.S. Retiree Group Committee. Letter From Yashoda Ranganathan - April 23, 2019 |
April 23, 2019 |
| Motion materials of ITCAN and ITCO (the Applicants) responding to the Motion of Her Majesty the Queen in Right of Ontario. Factum of the Applicants (Response to Ontario Motion) dated April 23, 2019 Book of Authorities of the Applicants (Response to Ontario Motion) dated April 23, 2019 |
April 23, 2019 |
| Motion Record of the Class Action Plaintiffs returnable on April 25, 2019 Motion Record on behalf of the Class Action Plaintiffs |
April 18, 2019 |
| Correspondence from Osler on behalf of Imperial Tobacco Canada Limited and Rothmans, Benson & Hedges Inc. to Justice McEwen and Justice Brian Riordan regarding relief sought by Quebec Class Action Plaintiffs in the "Motion to Approve Settlements Between the Class Action Plaintiffs and Certain Insurer's in Liquidation" returnable before the
Honourable Justice Riordan in Montreal on a date to be scheduled. Motion To Approve Settlements Between The Class Action Plaintiffs and Certain Insurers In Liquidation Letter to Honourable Justice Riordan Letter to Honourable Justice McEwen |
April 18, 2019 |
| Motion materials of the Former Genstar U.S. Retiree Group Committee scheduled to be heard on April 25, 2019 for a Representation Order and Reinstatement of Benefits under the Genstar U.S. Plans. Motion Record of the Former Genstar U.S. Retiree Group Committee Book of Objections |
April 17, 2019 |
| Letter and supporting schedule provided by the Quebec Class Action Plaintiffs to Justice McEwen providing the status of the other class action proceedings against the Applicants. Status of Outstanding Class Actions against the three CCAA Applicants (other than the Quebec Class Actions) Letter to Justice McEwen |
April 10, 2019 |
| Notice of Constitutional Question of the Former Genstar U.S. Retiree Group Committee scheduled to be heard on April 25, 2019. Notice of Constitutional Question |
April 9, 2019 |
| Proposed Amended and Restated Initial Order as well as (i) blacklines to the version in the April 3rd, 2019 Compendium of ITCAN and ITCO (the Applicants) and (ii) blacklines to the original issued Initial Order from March 12, 2019. Proposed Amended and Restated Initial Order Comparison to Version in Compendium Comparison to Original Initial Order |
April 4, 2019 |
| Documents and cases which the Quebec Class Action Plaintiffs may be referring to at the Comeback Hearings scheduled for April 4-5, 2019.
Exhibit 1731-1998-R Exhibit 1750.1-R Richtree Inc. Re (2005 ONSC-CL) 2015 ONCA 360 |
April 3, 2019 |
| Monitors' proposed Order of Proceedings at the hearing of the Comeback Motion on April 4-5, 2019 Monitors' Proposed Order of Proceedings at the hearing of the Comeback Motion on April 4-5, 2019. |
April 3, 2019 |
| Compendium of ITCAN and ITCO (the Applicants) containing: (i) The Original Initial Order in this matter made March 12, 2019 (ii) The Endorsement of Justice McEwen dated March 15, 2019 (iii) The Affidavit of Eric Thauvette sworn March 12, 2019 without exhibits (iv) A Draft Amended and Restated Initial Order (v) A blackline comparing the Original Initial Order to the Draft Amended and Restated Initial Order Compendium of ITCAN and ITCO (the Applicants) |
April 3, 2019 |
| Statement of position of counsel to Her Majesty the Queen in Right of Alberta and Newfoundland and Labrador, returnable at the hearing of the Comeback Motion on April 4-5. Statement of Position of counsel to Her Majesty the Queen in Right of Alberta and Newfoundland and Labrador |
April 3, 2019 |
| Filing materials for the hearing of the Comeback Motion on April 4-5, 2019. Factum of the Applicants Book of Authorities of the Applicants |
April 3, 2019 |
| Notice of Objection - Former Genstar U.S. Retiree Group regarding 1. Applicants' Motion for Stay Extension; and 2. Quebec Class Action Plaintiffs' Motion, which is returnable at the hearing of the Comeback Motion on April 4-5, 2019. Notice of Objection - Former Genstar U.S. Retiree Group |
April 3, 2019 |
| Responding Motion Record of ITCAN and ITCO (the Applicants), which is returnable at the hearing of the Comeback Motion on April 4-5, 2019. Responding Motion Record of ITCAN and ITCO (the Applicants) for the Comeback Hearing |
April 2, 2019 |
| Notice of Objection - Former Genstar U.S. Retiree Group, which is returnable at the hearing of the Comeback Motion on April 4-5, 2019. Notice of Objection - Former Genstar U.S. Retiree Group (April 1 2019) |
April 1, 2019 |
| Motion Record of Her Majesty the Queen in right of Ontario, which is returnable at the hearing of the Comeback Motion on April 4-5, 2019. Motion Record - Ontario Book of Authorities of the Ontario Factum of Ontario |
March 29, 2019 |
| Motion Record of ITCAN and ITCO (the Applicants) for the Stay Extension and Amendments to the Initial Order, returnable on April 4-5, 2019. Motion Record of ITCAN and ITCO (the Applicants) |
March 29, 2019 |
| Motion Record of the Quebec Class Action Plaintiffs for the Comeback Hearing, returnable on April 4-5, 2019 Quebec Class Action Plaintiffs - Motion Record Combined Volume of Exhibits Book of Authorities of the Quebec Class Action Plaintiffs Factum of the Quebec Class Action Plaintiffs |
March 28, 2019 |
| Application Materials Application Record of ITCAN and ITCO - Volume 1 Application Record of ITCAN and ITCO - Volume 2 Initial Order Factum of ITCAN and ITCO Book of Authorities of ITCAN and ITCO |
March 12, 2019 |
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