Take notice that on March 8, 2019, JTI-Macdonald Corp. (the "Applicant" or "JTIM") sought and obtained an order of the Ontario Superior Court of Justice (Commercial List) (the "Court") pursuant to the Companies' Creditors Arrangement Act (the "CCAA") which, amongst other things, granted a stay of proceedings in favour of the Applicant.
Deloitte Restructuring Inc. was appointed as monitor in the Applicant's CCAA proceedings (the "Monitor") pursuant to the Initial Order of the Court dated March 8, 2019 (the "Initial Order").
The Initial Order provides, among other things, for a stay of proceedings. The stay has been extended by the Court from time to time and, by Stay Extension Order issued on January 31, 2025, the stay was further extended to March 3, 2025, or until such time as the Court's decision with respect to the Sanction Hearing has been released. This Order and accompanying endorsement are posted below.
PLEASE TAKE NOTE that on October 17, 2024, the Court-Appointed Mediator and the Monitor filed a CCAA Plan in respect of the Applicant.
PLEASE ALSO TAKE NOTE that on October 31, 2024, the CCAA Court issued (i) a Claims Procedure Order, which sets out the process pursuant to which Claimants and Putative Miscellaneous Claimants, if any, may attend the Meeting and vote on the CCAA Plan; and (ii) a Meeting Order that, amongst other things, accepts the filing of the CCAA Plan and establishes the date and time of the Meeting of Affected Creditors to vote on such CCAA Plan. The CCAA Plan and Meeting Materials are available under 2G) below.
JTIM's Meeting of Affected Creditors was held on December 12, 2024 and the Affected Creditors voted in favour of the Plan and the JTIM Plan was approved by a majority in number and at least two-thirds in value.
Pursuant to the Order of the Superior Court of Justice dated January 29, 2025, the Court appointed the Honourable André Prévost as Amicus Curiae to assist the Court with the motions to approve the fees of the Quebec Class Action Counsel, British Columbia Class Action Counsel and Counsel for the Tobacco Producers.
On March 3, 2025, the CCAA Plan Amendment Order was issued by the Court which ordered that the Amendments to the Second Amended and Restated Plan of Compromise and Arrangement in respect of JTIM and the Third Amended and Restated Plan of Compromise and Arrangement (each as defined in the Twenty-Fifth Report of the Monitor) are approved.
On March 6, 2025, the Court issued its Endorsement following the Sanction Hearing held January 29 to 31, 2025 which granted the following motions brought by the Monitor (together with the monitors of Imperial Tobacco Canada Limited and Rothmans, Benson & Hedges Inc.):
(a) a Sanction Order approving and sanctioning the CCAA Plans as amended, which, among other things;
i. authorizes and directs the CCAA Plan Administrators, the Mediator and the Tobacco Companies to implement the CCAA Plans;
ii. approves the CCAA Plan Administration Reserve and the PCC Compensation Plan Reserve;
iii. releases the Released Claims in respect of each Applicant, each Applicant's Tobacco Company Group, the Monitors, the CCAA Plan Administrators, the Mediator and the other Released Parties, in accordance with the CCAA Plans;
iv. extends the Stay Period to the Effective Time;
(b) a CCAA Plan Administrator Appointment Order appointing Deloitte, FTI and E&Y as Plan Administrators; and
(c) ancillary relief.
If you have any questions regarding this matter, please contact Deloitte Restructuring Inc. at the following address:
Deloitte Restructuring Inc. Attention: In its capacity as Court Appointed Monitor of JTI-Macdonald Corp. Bay Adelaide East 8 Adelaide Street West, Suite 200 Toronto, ON M5H 0A9
Email: jtim@deloitte.ca
Phone: 1-833-765-1452
Inquiries regarding Pan-Canadian Claimants Compensation Plan are directed to:
Tobacco Claims Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Toll-Free (in Canada): 1-888- 482-5852
Email: info@TobaccoClaimsCanada.ca
www.TobaccoClaimsCanada.ca
Inquiries regarding the Quebec Class Action Administration Plan are directed to:
Recours tabac
c/o Proactio team
By phone: 438-858-8341, 438-384-7230 or, toll free, 1-888-880-1844
Email: tabac@proactio.ca
https://recourstabac.com/en/
Last updated Mar 27, 2025