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Imperial Tobacco Canada Limited - Court Orders
The following Court Orders have been granted in the proceedings:
| Directions of Chief Justice Morawetz with respect to: (i) the process for the approval of the fees of the Monitors and their counsel; and (ii) the Court-Appointed Mediator's ongoing services.  Directions re: Fee Approvals Directions re: Request for Mediators Ongoing Services |
June 26, 2025 |
| Orders and Endorsement of Chief Justice Morawetz in respect of the three motions brought by Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited for: (i) an order approving and giving effect to the Settlement Agreement between ITCAN and Canada Revenue Agency and Revenu Quebec; (ii) an order approving and giving effect to the Settlement Agreement between the Applicants and the Representatives of the Beneficiaries of the Genstar Plans; and (iii) an order approving the terms of settlements by and among: (a) the Applicants and Northumberland General Insurance Company, in liquidation by PricewaterhouseCoopers Inc., Liquidator; (b) the Applicants and Northbridge General Insurance Corporation, Northbridge Commercial Insurance Corporation; (c) the Applicants and Employers Insurance Company of Wausau; and (d) the Applicants and Chubb Insurance Company of Canada (as successor in interest to ACE IN Insurance). CRA/RQ Settlement Approval Order Genstar Settlement Approval Order Imperial Insurance Settlement and Bar Order Endorsement of Justice Morawetz |
June 18, 2025 |
| Order and Endorsement of Chief Justice Morawetz in respect of the joint motion of the Imperial and RBH Monitors heard on July 18, 2025. Québec Cash Security Deposit Order Endorsement of Justice Morawetz |
June 18, 2025 |
| Designation Order (Article 572 of the Code of Civil Procedure) |
April 15, 2025 |
| Endorsement of Chief Justice Morawetz in respect of the March 26, 2025 hearing concerning PCC Rep Counsel's motion for injunctive relief.
Endorsement of Justice Morawetz |
March 28, 2025 |
| Order Granting Injunctive Relief |
March 26, 2025 |
| Sanction Order |
March 6, 2025 |
| CCAA Plan Administrator Appointment Order |
March 6, 2025 |
| Endorsement of Chief Justice Morawetz in respect of the motions heard from January 29 to January 31, 2025 for CCAA sanction orders and other ancillary relief
Endorsement of Justice Morawetz |
March 6, 2025 |
| Order and Endorsement of Chief Justice Morawetz approving the Amendments, as reflected in the Third Amended & Restated Imperial Plan. CCAA Plan Amendment Order #1 Endorsement of Justice Morawetz |
March 3, 2025 |
| Stay Extension Order and Endorsement of Chief Justice Morawetz extending the stay of proceedings until March 3, 2025. Stay Extension Order Endorsement of Justice Morawetz |
January 31, 2025 |
| Order appointing the Honourable André Prévost amicus curiae to assist the Court on the motions to approve fee requests for the Quebec Class Action Counsel, the British Columbia Class Action Counsel and Counsel for the Tobacco Producers.
Order for the Appointment of Amicus Curiae Endorsement of Justice Morawetz |
January 29, 2025 |
| An Order, among other things: a) Setting the time and date for the Sanction Hearing for approval and sanction of the Imperial CCAA Plan; b) Ratifying the Litigation Timetable; c) Approving the Omnibus Sanction Hearing Notice and the timetable and procedure for the Sanction Hearing; d) Setting the date for the delivery of any Sanction Hearing Objection Notices; and e) Approving the procedure for the dissemination of the Sanction Hearing Agenda. Sanction Protocol Order Endorsement of Justice Morawetz |
December 23, 2024 |
| An Order, among other things: a) Approving the QCAP Notice (in English and French); and b) Approving the proposed protocol for the publication and distribution of the QCAP Notice and the Quebec Class Counsel Fee Motion; QCAP Notice Protocol Order Endorsement of Justice Morawetz |
December 23, 2024 |
| Orders granting injunctive relief to the PCC Representative Counsel and the Québec Class Action Plaintiffs Counsel against Actis Law Group and Ms. Andrea Grass, as well as the Endorsements of Chief Justice Morawetz granting the respective Orders.
Order Granting Interlocutory Injunctive Relief Order Granting Interlocutory Injunctive Relief Endorsement of Justice Morawetz Endorsement of Justice Morawetz |
December 10, 2024 |
| Amended and Restated Order (Appointment of PCC Representative Counsel) |
November 22, 2024 |
| Endorsement of Chief Justice Morawetz granting the Amended and Restated Order (Appointment of PCC Representative Counsel) Endorsement of Justice Morawetz |
November 22, 2024 |
| Supplementary Endorsement of Justice Morawetz |
November 7, 2024 |
| Endorsement of Chief Justice Morawetz extending the stay of proceedings until January 31, 2025, as well as granting of the Meeting Order and Claims Procedure Order. Endorsement of Justice Morawetz |
November 4, 2024 |
| Claims Procedure Order that inter alia establishes a claims procedure for the identification of Affected Claims against Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited (collectively, the "Applicant" or "Imperial") Claims Procedure Order |
October 31, 2024 |
| Meeting Order that provides, among other things: (i) accept the filing of the Plan of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited (collectively, "Imperial" or the "Applicants") under the CCAA; (ii) authorize and direct the monitor to call, hold and conduct a meeting of Affected Creditors to vote on the Plan Resolution (the "Meeting"); (iii) authorize, pursuant to section 22 of the CCAA, the classification of creditors into a single class for the purposes of the Meeting and voting on the Plan; (iv) approve, the procedures to be followed at the Meeting, including voting procedures; (v) authorize, approve and direct the mailing, posting and distribution of certain Meeting Materials and other procedures to be followed to provide notice of the Meeting; and (vi) authorizes the Monitor to make a motion (the "Sanction Motion") for the Sanction Hearing where the Court will decide whether to grant an order approving and sanctioning the Plan (the "Sanction Order") Meeting Order |
October 31, 2024 |
| Stay Extension Order extending the stay of proceedings until January 31, 2025 Stay Extension Order |
October 31, 2024 |
| Stay Extension Order and Endorsement of Chief Justice Morawetz extending the stay of proceedings until October 31, 2024
Stay Extension Order Endorsement of Justice Morawetz |
October 1, 2024 |
| Stay Extension Order and Endorsement of Chief Justice Morawetz extending the stay of proceedings until September 30, 2024.
Stay Extension Order Endorsement of Justice Morawetz |
March 25, 2024 |
| Amended order of Chief Justice Morawetz in respect of the appointment of Daniel Shapiro as consultant to the Mediator |
December 6, 2023 |
| Stay Extension Order and Endorsement of Chief Justice Morawetz extending the stay of proceedings until March 29, 2024 Stay Extension Order Endorsement of Justice Morawetz |
October 5, 2023 |
| Letter of Chief Justice Morawetz directing format of September 27 hearing on stay extension motion |
September 5, 2023 |
| Reasons for Decision of Justice McEwen denying leave by Heart & Stroke Foundation of Canada to bring a motion to appoint representative counsel |
June 26, 2023 |
| Stay Extension Order and Endorsement of Justice McEwan extending the stay of proceedings until September 29, 2023 Stay Extension Order Endorsement and Unofficial Transcript of Justice McEwan |
March 30, 2023 |
| Endorsement of Justice McEwen regarding assumption of case management duties by Chief Justice Morawetz effective July 1, 2023
Endorsement of Justice McEwan |
May 17, 2023 |
| Endorsement of Justice McEwen regarding motion for leave by Heart & Stroke Foundation of Canada to appoint representative counsel |
February 14, 2023 |
| Stay Extension Order and Endorsement of Justice McEwen extending the stay of proceedings until March 31, 2023 Endorsement Stay Extension Order Unofficial typewritten endorsement |
September 29, 2022 |
| Order and Endorsement of Justice McEwen regarding the posting of security as required by the Excise Act Amendments New Excise Act Security Order Endorsement of Justice McEwen |
July 11, 2022 |
| Stay Extension Order and Endorsement of Justice McEwen Imperial Tobacco - Stay Extension Order |
March 22, 2022 |
| Stay Extension Order and Endorsement of Justice McEwen Imperial Tobacco - Stay Extension Order Endorsement McEwen J dated September 27, 2021 |
September 27, 2021 |
| Stay Extension Order and Endorsement of Justice McEwen Imperial Tobacco - Stay Extension Order Endorsement and Unofficial Transcript of Justice McEwen dated April 6, 2021 |
March 30, 2021 |
| Stay Extension Order and Endorsement of Justice McEwen Stay Extension Order Endorsement |
September 29, 2020 |
| Order of Justice McEwen for the Appointment of a Consultant to the Court-Appointed Mediator Appointment of a Consultant to the Court-Appointed Mediator |
September 15, 2020 |
| Order varying the stay of proceedings imposed by the Second Amended and Restated Initial Order dated March 12, 2019 Order issued March 16, 2020 |
March 16, 2020 |
| Endorsement |
March 6, 2020 |
| Stay Extension Order and Endorsement of Justice McEwen extending the stay of proceedings until and including September 30, 2020. Stay Extension Order Endorsement |
February 20, 2020 |
| Reasons and Decision of the Honourable Mr. Justice McEwen dated January 3, 2020 in connection with the joint motion for advice and direction regarding the proposed appointment of representative counsel. Reasons and Decisions |
January 3, 2020 |
| Order appointing The Law Practice of Wagner & Associates, Inc. as representative counsel to represent the interests of the TRW Claimants in the CCAA proceedings Representative Counsel Order |
December 9, 2019 |
| Endorsement of Justice McEwen on the representative counsel motion heard on December 6, 2019 Endorsement |
December 9, 2019 |
| Unofficial typewritten endorsement of Mr. Justice McEwen dated October 18, 2019. Unofficial typewritten endorsement |
October 23, 2019 |
| Stay Extension Order extending the stay of proceedings until and including March 12, 2020. Stay Extension Order |
October 08, 2019 |
| Endorsements for Stay Extension and CCS participation by Justice McEwen |
October 03, 2019 |
| Court-to-Court Communications Order |
July 09, 2019 |
| Order of Justice McEwen appointing a financial advisor (A&M) to the Court-Appointed Mediator Order Appointing FA, issued and entered July 2, 2019 |
July 02, 2019 |
| Endorsement of Justice McEwen dated June 27, 2019 relating to the Genstar Settlement Approval Order and in connection with yesterday's motions. Endorsement - Genstar Settlement Endorsement of Justice McEwen |
June 27, 2019 |
| Endorsement of the Honourable Mr. Justice McEwen dated June 26, 2019 with respect to the Common Service Protocol. Endorsement dated June 26, 2019 re Common Service Protocol |
June 26, 2019 |
| Copies of the issued and entered Stay Extension Order and Genstar Settlement Approval Order. Stay Extension Order Genstar Settlement Approval Order |
June 26, 2019 |
| Clarification of Insurance Lift-Stay Order Endorsement |
May 31, 2019 |
| Court Call Endorsement Communication & Confidentiality Protocol Endorsement |
May 24, 2019 |
| Endorsement of Professional Fee Disclosure Order |
May 16, 2019 |
| Order issued to provide for monthly disclosure of professional fees and disbursements paid by ITCAN and ITCO. Professional Fee Disclosure Order |
May 14, 2019 |
| Notice Procedure Order and Endorsement issued on May 14, 2019 by Justice McEwen regarding the settlement between Imperial Tobacco Canada Limited and Representatives of beneficiaries of the U.S. Genstar Plans. Notice Package sent to beneficiaries is also included. Notice Procedure Order Endorsement of Justice McEwen Notice Package |
May 14, 2019 |
| Reasons for decision by Justice McEwen to dismiss Ontario's motions to lift the stay. Reasons for Decision |
May 01, 2019 |
| Court Order regarding the partial lifting of stay sought by Ontario, issued April 29th by Justice McEwen. The Court confirmed that, except as expressly provided for in the Order, the Ontario HCCR Action is otherwise stayed and suspended pending further Order of the Court. Order to Amend Ontario Claim |
April 29, 2019 |
| Second Amended and Restated Initial Order issued by Justice McEwen. Second Amended and Restated Initial Order |
April 25, 2019 |
| Endorsement of Justice McEwen on the Insurance Settlements. Justice McEwen Endorsement on Insurance Settlements (Consent) |
April 25, 2019 |
| Court Order to approve appointment of Ari Kaplan of Kaplan Law as Representative Counsel and Robert M. Brown and George A. Foster as Representatives for the Former Genstar U.S. Retiree Group Committee. Representation Order |
April 25, 2019 |
| Reasons for decision by Justice McEwen regarding the Court Order issued on the hearing of the Comeback Motion on April 5, 2019. Reasons for decision by Justice McEwen |
April 23, 2019 |
| Endorsement of Justice McEwen regarding Supreme Court of Canada appeal issue Endorsement of Justice McEwen - handwritten version Endorsement of Justice McEwen - unofficial typed version |
April 17, 2019 |
| Court Order from Justice McEwen regarding Insurance Settlements |
April 05, 2019 |
| Stay Extension Order and Amended and Restated Initial Order made by Justice McEwen at the hearing of the Comeback Motion on April 5, 2019 Stay Extension Order Amended and Restated Initial Order |
April 05, 2019 |
| Second Endorsement of Justice McEwen |
March 15, 2019 |
| Endorsement of Justice McEwen |
March 12, 2019 |
| The Initial Order provides certain relief, inter alia, a stay of proceedings against Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited (together, the "Applicants") until and including April 11, 2019. Initial Order |
March 12, 2019 |
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