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Imperial Tobacco Canada Limited - Motion Materials

The following motion materials have been filed in the proceedings:

Proposed Court-to-Court Communications Order. Any objections to this order can be emailed to Robin Schwill (rschwill@dwpv.com) 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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