A significant class-action settlement is currently available to Quebec smokers, former smokers, and their heirs who suffered from cancer or emphysema. Despite the high profile of the legal battle, many eligible individuals remain unaware that they can now apply for financial compensation.
A Decades-Long Legal Battle
The legal action began in the late 1990s when individuals diagnosed with smoking-related cancer or emphysema launched a class-action suit against active cigarette manufacturers in Canada. The action was authorized in 2005, leading to a trial that ran from 2012 to 2015.
The Superior Court ultimately condemned multinational companies Rothman, Imperial Tobacco, and JTI-MacDonald. After these companies were dismissed in appeal in 2019, they sought protection under the Companies’ Creditors Arrangement Act (LACC).
Following extensive negotiations that included provinces seeking funds for smoking-related healthcare costs, a final agreement was reached in the autumn of 2024.
Compensation and Eligibility
Approximate compensation amounts are set at $100,000 per cancer victim and $35,000 for those with emphysema. However, final payments may vary depending on the total number of claims submitted.
To be eligible, a person must have been alive in November 1998 and must have smoked one pack per day for at least 12 years. They must have received a diagnosis of cancer or emphysema before March 12, 2012.
How to Claim and Current Progress
The claim process opened on August 29, 2025, and is scheduled to close on August 31. Applications can be submitted via the website recourstabac.com or by calling 1-888-880-1844.
Me Philippe Trudel, an attorney with Trudel Johnston & Lespérance who helped lead the case, noted that heirs who previously renounced a succession—particularly if it was insolvent—may need to determine if canceling that renunciation is advantageous for tax purposes, as time is running out.
The administration of the claims is handled by the firm Proactio, which employs 120 people and 10 notaries full-time to process approximately 1,000 files per week. To date, over 70,000 applications have been submitted, though 20,000 of those were found to be ineligible.
Verification and Payouts
Once an online form is completed, Proactio coordinates with the Registre québécois du cancer, MED-ECHO, and the RAMQ to confirm diagnoses. Some claimants may still be required to provide their own proof of diagnosis.
While the administration process is underway, there is currently no predetermined deadline for the final approval of files or the disbursement of indemnity payments.
Frequently Asked Questions
What are the specific smoking requirements for eligibility?
The individual must have smoked one pack per day for at least 12 years and been alive in November 1998.
When is the deadline to submit a claim?
The claim process ends on August 31.
Who is responsible for verifying medical diagnoses?
The firm Proactio collects documents from the RAMQ, MED-ECHO, and the Registre québécois du cancer, although some individuals may need to provide their own evidence.
Do you believe enough awareness has been raised to ensure all eligible heirs can access these funds before the deadline?
