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In a significant legal development, lawyers representing tens of thousands of Quebec residents in two class-action lawsuits against major tobacco manufacturers are pursuing over $900 million in fees for their extensive work. This landmark case, which has unfolded over decades, highlights the ongoing battle against the tobacco industry and the quest for justice for affected individuals.
Details of the legal proceedings
On Friday, representatives for the plaintiffs filed documents in court requesting approval for a notice to be sent to class-action members regarding the substantial payment sought for more than 175,000 hours of legal work.
This request comes on the heels of a proposed settlement that would require the tobacco companies to pay a staggering total of $32.5 billion. Of this amount, over $4 billion is designated for the plaintiffs, with the lawyers’ fees representing approximately 22 percent of that sum.
Settlement implications for the tobacco industry
The proposed settlement, announced in October, involves several major tobacco companies, including JTI-Macdonald Corp., Rothmans, Benson & Hedges, and Imperial Tobacco Canada Ltd. In addition to the payments to plaintiffs, the companies are expected to pay more than $24 billion to provinces and territories, along with over $2.5 billion to Canadian smokers who are not part of the lawsuits.
This comprehensive settlement aims to address the extensive health care costs associated with smoking and the impact on public health.
Legal fees and the fight for justice
The total legal fees requested by the counsel in these class actions amount to $906,180,000, plus taxes.
This figure includes tens of millions of dollars in costs incurred throughout the litigation process, which began in the late 1990s, as well as future services necessary to manage the claims process. André Lespérance, one of the lead lawyers representing Quebec plaintiffs, emphasized that these fees reflect the extraordinary scope of work and the unwavering dedication of the legal teams involved.
He noted that the lawyers took on significant risks and costs without any guarantee of payment, driven solely by the pursuit of fair compensation for victims and their families.
In 2015, a Quebec court ordered the tobacco companies to pay approximately $15 billion to the plaintiffs, a ruling that was upheld by the province’s highest court four years later. However, the companies subsequently sought creditor protection in Ontario, which halted all legal proceedings while they negotiated with creditors, including provincial governments aiming to recover smoking-related health care costs.