On July 23, Québec's Court of Appeal cancelled the Québec Superior Court's provisional execution order that $1.1 billion of the award against the defendants in the tobacco class action cases be paid by the defendants for possible immediate payment to the class members of the amount of their claims, in whole or in part.

While the general rule is that the filing of an appeal against a judgment suspends its execution, provisional execution notwithstanding appeal had been ordered in this case on the basis, essentially, that otherwise, the duration of the appeal process would mean that some class members would never benefit from the award.

The appeal court cancelled the order for the following reasons the court overestimated the likely duration of the appeal process, that the class action process did not lend itself to an immediate distribution to plaintiffs at the best of times, that the statutory tests for granting a provisional order were not met, that the defendants would be prejudiced by the order, and that the judge had not addressed the question of “what happens if (the) Appellants are successful in appeal?

BLG's appeal team included Guy Pratte, Francois Grondin, Patrick Plante and Marc-André Grou and they were supported by BLG students Charlotte Goyer, Christine Côté and Rose Massicotte.