icons for more information on the concepts that precede them.Criteria for Compensation
The tobacco class actions only cover certain smokers or ex-smokers who meet the specific criteria outlined below.
After a trial lasting nearly 3 years, the Quebec Superior Court ruled that certain smokers or ex-smokers diagnosed with lung cancer, throat cancer or emphysema are entitled to financial compensation from the defendant tobacco companies. The Quebec Court of Appeal upheld the Superior Court’s decision and reiterated the criteria that must be met in order to receive financial compensation.
In order to qualify for compensation under the tobacco class actions you must have:
1. Smoked at least 87,600 cigarettes manufactured by Imperial Tobacco, RBH or JTI-MacDonald between January 1, 1950 and November 20, 1998.
How do I calculate a smoking history?
87,600 cigarettes in fact correspond to 12 pack-years. The pack-year is a unit of measure to calculate the smoking history of a smoker or ex-smoker, based on American packs of cigarettes which have 20 cigarettes per pack, whereas there are 25 cigarettes per pack in Canada.
87,600 cigarettes could be, for example:
- 20 cigarettes a day for 12 years:
(20 × 365 × 12 = 87,600 cigarettes); - 10 cigarettes a day for 24 years:
(10 × 365 × 24 = 87,600 cigarettes); - 10 cigarettes a day for 4 years, then 20 cigarettes a day for 6 years and, finally, 40 cigarettes a day for 2 years, or even;
- 10 cigarettes a day for 2 years, 20 cigarettes a day for 5 years, no cigarettes at all for one year and then 20 cigarettes a day for 6 years.
According to the definition of the class, only the cigarettes smoked on or before November 20, 1998 can be calculated in your smoking history. This means that any cigarette smoked in the past 25 (almost 26) years does not count.
A smoking history might be hard to calculate because of how much time has passed since then and because you think of cigarettes smoked in terms of 25-cigarette packs. Don’t worry, though, once it is time to claim, we will help you figure out the relevant smoking history.
For example :
20 cigarettes a day for 12 years (20 x 365 x 12 = 87,600 cigarettes) or
10 cigarettes a day for 24 years (10 x 365 x 24 = 87,600 cigarettes).
2. Been diagnosed before March 12, 2012 with one of the following diseases:
Primary lung cancer;
What is a primary cancer?
A primary cancer, as opposed to secondary cancer, specifies the organ in which it first appeared.
A secondary cancer implies that the initially localized cancer has metastasized and spread to other organs in the body.
For example, kidney cancer initially develops in the kidney tissue. It may then metastasize and develop in the lungs. In this example, even though there may be cancer cells growing in the lungs, the cancer is NOT considered a primary lung cancer, but rather a primary kidney cancer.
Primary squamous cell cancer of the throat (larynx, oropharynx or hypopharynx);
Which throat cancers are covered?
The term “throat” is regularly used, but it is not a medical term and it does not describe a specific part of the body. What we commonly call “throat” actually refers to different parts of the upper aerodigestive tract.
The class definition limits the compensable throat cancers to primary squamous cell cancers of the larynx, oropharynx or hypopharynx.
The term “larynx” refers to the upper part of the respiratory passage situated above the trachea, which can also be called the “voice box”. It is divided into three parts: the supraglottis, the glottis and the subglottis.
The term “oropharynx” refers to the part of the pharynx below the soft palate and above the epiglottis, and continuous with the mouth. It includes the soft palate, the side and back walls of the throat, the tonsils and the back third of the tongue. The anterior two-thirds of the tongue – also known as the “body of the tongue” – are, however, considered as a structure of the oral cavity and not included in the oropharynx.
The term “hypopharynx” refers to the laryngeal part of the pharynx extending from the hyoid bone to the lower margin of the cricoid cartilage.
If you are unsure where the throat cancer originated, register anyway.
or Emphysema.
3. Been a Quebec resident at the time of your diagnosis with the tobacco related illness.
The heirs of a tobacco victim meeting these 3 criteria are also entitled to compensation if the victim died after November 20, 1998.
