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Auto Accidents and Car Wrecks

Class Action Lawsuits

Breast Cancer Testing Class Action Documents

Chocolate Price Fixing Class Action Documents

Video Lottery Terminals Class Action Documents

Advanced Medical Optics Class Action Documents

Payday Loans Class Action Documents

OxyContin Class Action Documents

Light Cigarettes Class Action Documents

Lab City Class Action Documents

Newsletter Archive

Public Law Library

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Ches Crosbie Barristers Library

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Auto Accidents and Car Wrecks:

  • Auto Tort Reform: A Newfoundland and Labrador Victory for the Injured [PDF]   
    Description: Through the grassroots action of the Coalition Against No Fault, Newfoundland and Labrador is the only Canadian province to substantially preserve the tort rights of people injured in auto accidents, over the insurance company drive for profits.
  • Cell Phones and Motor Vehicle Accidents [PDF]   
    Description: This seminal article in the New England Journal of Medicine found that the likelihood of a motor vehicle accident with recent cell phone use by drivers increased by four times, and found that the risk was equivalent to blood alcohol at the legal limit.
  • The Constitutionality of No-Fault Auto Insurance   
    Description: This paper argues that in the event of legislative action, a persuasive case could be made in court that the threshold/no-fault scheme proposed in the Consultation Paper is contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms

Class Action Lawsuits:

  • Payday Loans   
  • Labrador City - Hospital Sterilization Failure (SETTLED)   
  • Breast Cancer Testing   
  • Chocolate Makers Steal Candy from Babies   
    Description: In this class action the Plaintiffs allege that Cadbury, Mars, Nestle and Hershey conspired to fix and increase the price for chocolate confectionary products sold in Newfoundland and Labrador and elsewhere in Canada. Such acts would be illegal under the Competition Act. The Plaintiffs also allege conspiracy and other civil causes of action on behalf of residents of Newfoundland and Labrador who purchased chocolate products from January 1, 2001 through to the present.
  • Residential Schools Labrador   
  • Goose Bay Contamination Class Action   
    Description: In spring 2004, Canada wrote to the Government of Newfoundland and Labrador and asked for a moratorium on further agricultural leases in the South Escarpment area of Happy Valley-Goose Bay. This stigmatized the produce of the area, putting an end to farm sales. Tom Angiers approached us to take action on behalf of himself and others in the agricultural area, and in 2007 Canada asked us to include the Main Gate area and the Hamilton River Road area in the class action.
  • Miramichi Pathology Class Action   
  • Bayer-Baycol Class Action (SETTLED)   
  • OxyContin   
  • Advanced Medical Optics   
  • Light Cigarettes   
  • Video Lottery Terminals   
  • Mass Torts and Class Actions: Separating the Wheat from the Chaff [PDF]   
    Description: Mass torts and class actions have in common a numerosity of victims. The wrongdoer may be one or several. The wrong may be a single event, such as a train wreck, or a creeping wrong, such as a lung disease caused by asbestos or tobacco. Class actions are a legislative response (and after Western Shopping Centres, a judicial response) to the challenge of providing procedural solutions to the problems presented by numerosity of claims.
  • Newfoundland and Labrador: Class Action Experience [PDF]   
    Description: This paper is prepared for the panel topic “National Update on Class Actions”, part of the Canadian Institute’s 2004 Forum on “Litigating Class Actions”. The paper will give some background on the origins of the Newfoundland and Labrador Class Actions Act, SNL 2001 C-18.1, contrast it with the legislation of other major jurisdictions, review the early jurisprudence, and offer comment on the risk posed by overlapping class actions being launched in multiple jurisdictions – a risk which affected the first Newfoundland case to achieve certification.

Breast Cancer Testing Class Action Documents:

Chocolate Price Fixing Class Action Documents:

Video Lottery Terminals Class Action Documents:

Advanced Medical Optics Class Action Documents:

Payday Loans Class Action Documents:

OxyContin Class Action Documents:

Light Cigarettes Class Action Documents:

Lab City Class Action Documents:

Newsletter Archive:

Public Law Library:

  • Court Decisions on Class Actions in Newfoundland and Labrador   
    Description: Newfoundland class actions
  • Injured Doctor Looks For Help From Supreme Court of Canada [PDF]   
    Description: The Supreme Court of Canada is a great court, but the problem is you can't get there. Only about 1 in 10 civil cases which ask for leave of the Court to be heard on appeal, obtain that leave or permission. The Court decides whether to hear a case based on its priorities for the development of the law, not based on whether the Court of Appeal has committed a terrible mistake or caused a great injustice. The briefs on leave to appeal below were compelling and cried out an injustice that needed to be remedied, but the Court had other priorities.
  • Injured Doctor Looks For Help From Supreme Court of Canada Part II [PDF]   
  • Public Database of Court Decisions   
    Description: An excellent free public database of court decisions for both lawyers and consumers is contained at www.canlii.ca. It is easy to use and we resort to it frequently, although we also use subscription legal databases to complete our research.
  • Highest Personal Injury Damages Awarded in Atlantic Canada History   
    Description: If you want to read the decision in which Justice Dymond awarded our client the highest personal injury damages award in Atlantic Canada history, click here.
  • Court of Appeals Reverses Trial Decision: Ditch Dangerous but Premises Safe (go figure!)   
    Description: If you want to see the decision in which the Newfoundland and Labrador Court of Appeal reversed the trial decision and ruled that the defendant did not have to pay anything, click here.

    Many people are puzzled by how the Court of Appeal could leave the finding of the Trial Judge intact, that the ditch was deep and dangerous, while ruling that the premises were reasonably safe. It seems to be a logical contradiction, doesn’t it?

General:

  • Ches Crosbie - A real class act   
    Description: Telegram story published November 24, 2008 about Newfoundland personal injury lawyer Ches Crosbie.
  • Legal Matchmaking: The Truth About Lawyer Finder Websites & Online Directories   
  • Disorder in the Courts: The Duty of Care after Cooper [PDF]   
    Description: In its 2001 decision in Cooper v. Hobart , the Supreme Court of Canada attempted to clarify and restate the Anns two-stage test for expansion of the duty of care. A confusing and largely conservative wave of lower court decisions has been the unintended result. The outcome of many of these lower court decisions has been the termination of claims of negligent harm without trial.
  • The Test for Jury Trial in Personal Injury Cases [PDF]   
    Description: Two opposing ideals of excellence in binding civil dispute resolution vie for control in Canada today. One looks to the jury for excellence in fact finding, including assessment of damages. The other looks to professional judges. Both models view fact finding in civil cases as a social construct, influenced by community policies and values.
  • Opportunities for Excluding Expert Evidence [PDF]   
    Description: The best defence expert evidence is the evidence the trial court never hears.

    The Supreme Court of Canada has forged for trial counsel a set of tools for the exclusion of suspect evidence. These tools are yet underemployed and undervalued by trial courts and counsel alike.

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St. John's, NL A1C 1B1

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