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Login to watch this video if you have a subscription. Learn more about subscriptions.This update on Canadian Tobacco Litigation reviews Canada’s statutory healthcare cost-recovery regime upheld by the Supreme Court, featuring a presumption of causation that shifts the burden to manufacturers once a duty breach is established. It examines the landmark recognition of a multi-billion-dollar class action award in Quebec for tobacco-related harms, which catalyzes parallel actions nationwide. It outlines the judicial approval of an aggregate C$32.5 billion restructuring under the Companies’ Creditors Arrangement Act, with an upfront cash pool, staged income-based payments and ongoing oversight to balance public-sector recoveries, individual compensation and corporate continuity. This presentation delivers strategic insights into legislative design, precedent evolution and settlement governance that inform large-scale public interest litigation.
André Michael, a partner with Siskinds LLP since 1993, was called to the Bar in 1988. Born and raised in Antigua in the West Indies, André graduated from De La Salle College in Toronto in 1980 and received his B.A. (Psychology and Economics) in 1983 and his LL.B. in 1986 from Western University in London. André articled and practiced at the litigation firm, Haines, Livingstone, establishing an interest in medical malpractice that he continued to develop after he joined Siskind, Cromarty, Ivey & Dowler LLP in 1990. André has a special interest and extensive experience in representing adults and children who have suffered brain injuries. André leads Siskinds’ health law medical malpractice group. André has conducted numerous medical malpractice trials, and has extensive experience in all aspects of health care litigation, including obstetrical, diagnostic, pharmaceutical and surgical cases. André also is actively engaged in tobacco health care costs recovery litigation on behalf of a number of provincial governments. André is a former Director of the Advocates' Society. He was Vice-Chair of the Standing Committee on Advocacy and Practice, and Vice-Chair of Education. André has been named in the Best Lawyers in Canada List since 2006 for Personal Injury Litigation, and is listed in Canadian Legal Lexpert Directory as a Leading Medical Negligence Practitioner.
Mike has 31 years of experience with litigation, class actions, mass torts, and complex multi-party disputes. He has been recognized as one of Canada’s leading class action litigators. Since its inaugural 2006 edition, Mike has been named annually in Best Lawyers in Canada. He has also been named each year in The Canadian Legal Lexpert Directory. Mike is a regular speaker at conferences given by the Law Society of Ontario, the Canadian Bar Association, the Canadian Institute, the Barreau du Québec, and the Advocates’ Society.
Jim is an experience insurance and personal injury litigator and educator who has served as an Adjunct Professor at Western University and has taught seminars on trial advocacy.
Jim is a partner and long-team leader / practitioner at Siskinds. His skills in the insurance sector are highly regarded, and he was named to the Best Lawyers in Canada list for Insurance Law. Jim is also a respected educator with contributions in a range of roles, from adjunct professor at Western Law School to work with the Bar Admission course and seminars on Trial Advocacy techniques.
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