Trading: TSX: ROC TORONTO, Sept. 26 /CNW/ - The Supreme Court of Canada has announced that it will release its decision at 4:00 p.m. on Thursday September 29, 2005 regarding the challenge of the constitutional validity of the Tobacco Damages and Health Care Cost Recovery Act (British Columbia) brought by Rothmans, Benson & Hedges Inc. (RBH) and other tobacco product manufacturers. In 2001 the Province of British Columbia commenced an action under this legislation against RBH, Rothmans Inc. and numerous other Canadian and foreign tobacco product manufacturers seeking to recover unspecified damages for tobacco-related health care costs allegedly incurred by the Province. The action is based on a number of allegations against the defendants, although as a result of a previous order of the Supreme Court of Canada staying the action pending the outcome of the constitutional challenge, no substantive court hearings have been held regarding the merits of the Province's claim. RBH and the other defendants brought the case to the Supreme Court of Canada by way of an appeal of a decision of the B.C. Court of Appeal which, in May 2004, overturned a lower court decision and upheld the constitutional validity of the legislation. RBH and Rothmans Inc. deny the Province's allegations and believe that they have good defenses to the Province's claim. Should the Supreme Court of Canada dismiss the constitutional challenge, allowing the Province's legal action to proceed, RBH and Rothmans Inc. intend to vigorously defend themselves and anticipate that the claim by the Province of British Columbia would involve many years of complex litigation through the trial and appellate process. The Supreme Court of Canada notice can be found at www.lexum.umontreal.ca/csc-scc/en/ under "News Releases (Current)".
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