BURLINGTON -A class action lawsuit was filed late last week in the Federal Court of Canada on behalf of tobacco farmers who have suffered financial losses because of the Canadian government's alleged failure to enforce Excise Act provisions.
Filed on behalf of Weninger Farms Ltd., a Elgin County-based company that operates a farm in Oxford County, and Stanley and Linda Koscik, who operate an Elgin County farm, and "all tobacco producers throughout Canada," the class proceeding alleges the federal government has not done enough to stem the illegal sale of tobacco products, a media release stated.
The Excise Act, 2001 and Excise Tax Act regulate the production and taxation of tobacco products in Canada.
The plaintiffs had previously commenced a class proceeding in the Ontario Superior Court of Justice against both the provincial and federal governments, and plan to continue this action against Ontario. The claim against the provincial government involves its alleged failure to enforce Tobacco Tax Act and Retail Sales Tax Act provisions.
Both of these suits have been supported by the New Tobacco Alliance Committee, which was formed to advance the claims of disgruntled tobacco farmers while drawing attention to the alleged failures of the senior levels of government to tackle this problem.
A website - www.tobaccojusticeclassaction.com-has been established to keep the public and potential class members apprised of the progress of the lawsuit, which was filed by the Hamilton- based firm Findlay McCarthy LLP and McDonald/Ross.