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NL Accident and Injury Law Library

Personal Injury Lawsuits and Your Injury Accident Case

Below you will find links to documents, reports, articles, publications and discussions about a wide variety of personal injury, medical malpractice, and wrongful death law topics.  We hope you find this information helpful, but if you need further legal advice call Ches Crosbie Barristers for answers to your specific questions - the consultation is free.

Library Categories:

• Auto Accidents and Car Wrecks
• Accidents and Injuries
• Medical Malpractice
• Class Action Lawsuits
• Moose Class Action
• Money Mart Settlement
• Current Class Actions
• Settled Class Actions
• Breast Cancer Testing Class Action Documents
• Miramichi Pathology Class Action
• Residential Schools Class Action
• 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
• Taxation Decisions
• Public Law Library
• General

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Auto Accidents and Car Wrecks:

• Telegram Story November 24, 2011 [PDF]   
  Relatives remember loved ones killed in road accidents
• Common Mistakes   
  Personal Injury Lawyer Ches Crosbie discusses mistakes made after an auto accident
• Needing a lawyer   
  Do I need a lawyer for my auto accident claim.
• Court of Appeal Decision   
  Decision of Court of Appeal in invasion of privacy case.
• Safe Driving Contract   
  This form of safe driving contract may assist parents and newly licensed drivers in their discussions around safety expectations and agree on safe practices.
• Court of Appeal decision in motor vehicle accident case   
• Respondent's Brief filed with Court of Appeal over Appeal by Defendant/Appellant of Damages Assessment by Trial Judge   
• Written Argument on Interrogatory Appeal - Privacy and Confidentiality   
• Decision granting leave to appeal: Privacy of Pre-Accident Information [PDF]   
• Brief for Leave to Appeal: Privacy of Pre-Accident Information [PDF]   
• Decision of Judge Hall January 22, 2009: Privacy of Pre-Accident Information [PDF]   
  Judge orders plaintiffs to answer pre-accident personal medical and financial information.
• Auto Tort Reform: A Newfoundland and Labrador Victory for the Injured [PDF]   
  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]   
  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   
  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

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Accidents and Injuries:

• A Concussion is a Brain Injury [PDF]   
  This is a presentation prepared by Harry Zarins, Executive Director of the Brain Injury Association of Canada.
• Court Refuses Plaintiff's Request for Civil Jury Trial [PDF]   
  This is a decision of the Supreme Court of Newfoundland and Labrador, Trial Division, refusing to grant a civil jury trial in the case of a disability insurance claim.
• Brief of the Plaintiff on Application for Civil Jury Trial [PDF]   
  This is the document filed by the Plaintiff asking the judge for a civil jury trial in a disability insurance case.
• Ches Crosbie Answers Questions on Injury Claims in CBC Interview [PDF]   

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Medical Malpractice:

• A set of principles to guide healthcare transformation in Canada [PDF]   
  These guidelines by the Canadian Medical Association and the Canadian Nurses Association show that they are committed to healthcare quality in our hospitals.
• Gallant v. Brake-Patten   
• Lawyer Ches Crosbie writes book about medical malpractice suits   
• Factum of the Appellants in Wrongful Death Appeal: Misdiagnosis [PDF]   

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Class Action Lawsuits:

• Ches Crosbie interviewed by National Post   
  Ches Crosbie interviewed by National Post's Daryl-Lynn Carlson on March 15, 2010 on the best jurisdiction in Caanda to launch a class action suit
• Acreman v. MUN Certification Decision [PDF]   
  Acreman v. MUN is a pension case granting certification in January 2010. It is a workmanlike effort which builds on jurisprudence which we have contributed to, including Rideout, Doucette and Wheadon.
• Healthcare Class Actions: Bad Doctor or Bad System? [PDF]   
• Mass Torts and Class Actions: Separating the Wheat from the Chaff [PDF]   
  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]   
  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.

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Moose Class Action:

• Moose Class Action to be ready for settlement or trial by year end   
  Personal injury lawyer Ches Crosbie provides update on progress of moose vehicle collision class action in Newfoundland.
• Order - January 16, 2012 [PDF]   
  Order of Justice LeBlanc for completion of document production by March 31, 2012.
• Defence [PDF]   
  This is the defence filed on behalf of the Government of Newfoundland and Labrador in the moose class action.
• Letter from Richard Cashin [PDF]   
  Richard Cashin writes letter to FFAW in support of action to reduce moose problem in Newfoundland
• Notice of Certification [PDF]   
  This Notice of Certification of the Moose Vehicle Collision Class Action is published on this site by order of Justice LeBlanc dated July 25, 2011.
• Notice of Certification [PDF]   
  On July 25, 2011 Justice LeBlanc ordered that this notice of certification be posted on our firm's website.
• Moose-vehicle Collisions and their Mitigation in Newfoundland [PDF]   
  This report prepared by Dr. Tony Clevenger for SOPAC discusses mitigation measures to reduce the number of moose vehicle collisions in Newfoundland
• Press Release - May 11, 2011: Moose Collision Statistics Go Up [PDF]   
  Updated statistics provided by the RCMP indicate that the moose vehicle collision rate in Newfoundland is higher than previously thought.
• RCMP revised statistics [PDF]   
  These revised statistics from the RCMP show an increase in the number of moose vehicle collisions.
• RCMP letter explaining inaccurate results [PDF]   
  This letter from the RCMP explains there may be errors in statistics provided on the number of moose vehicle collisions in Newfoundland.
• RNC Statistics [PDF]   
  These statistics from the RNC show the number of moose vehicle collisions reported to the RNC for the years 2008 to 2010.
• SOPAC Press Release April 21, 2011 [PDF]   
  Eugene Nippard President of SOPAC issued this press release April 21, 2011
• Newfoundland Moose Cull [PDF]   
  Eugene Nippard and Ches Crosbie weigh in on the Newfoundland Government's announcement to increase the number of moose licences.
• Amended Statement of Claim [PDF]   
  Amended Statement of Claim filed in the Newfoundland moose vehicle collision class action.
• Notice to Admit - April 21, 2011 [PDF]   
  This Notice to Admit was served on the lawyers for the Government in the Newfoundland moose vehicle collision class action.
• Supplementary Affidavit of Sheri Geehan [PDF]   
  This affidavit filed in the moose class action contains new statistics on the number of moose vehicle collisions in Newfoundland.
• SOPAC Press Release on Moose Accident Statistics [PDF]   
• Stop The Press - Moose Collision Statistics [PDF]   
  Moose Collision Statistics
• RCMP Statistics [PDF]   
  These statistics show there has been an increase in moose vehicle collisions from 2009 to 2010.
• Certification Application [PDF]   
  We filed our Application for Class Certification with the Court on February 16, and hope to have a certification hearin in mid April 2011. The certification hearing is what determines whether we can proceed as a class action.
• Affidavit of Sheri Geehan [PDF]   
  The statistical information in this affidavit appears to show a significant jump in the moose vehicle collision rate.
• Affidavit of Anthony P. Clevenger, Ph.D [PDF]   
  This affidavit from our expert Dr. Tony Clevenger contains some startling information about moose vehicle collisions.
• Affidavit of Jessica A. Dellow [PDF]   
  This affidavit from lawyer Jessica Dellow contains the Litigation Plan for the conduct of the moose vehicle collision class action.
• Affidavit of representative plaintiff Hugh George [PDF]   
  Mr. George, one of our brave representative plaintiffs in the moose vehicle collision class action, filed this affidavit with the court in support of our certification application.
• Activist Roy Dodge answers questions posed by reporter   
  Moose vehicle collision class action questions and answers.
• Video Coverage of the Moose Vehicle Collision Class Action   
  Moose vehicle collission class action press coverage. These videos may answer some questions you may have about the class action.
• Statement of Claim in Moose Vehicle Accident Class Action [PDF]   
  The Moose Vehicle Collision class action is taken for those Newfoundlanders and their loved ones whose lives have been changed forever by moose on our highways.
• Moose Collisions: Act of Government, Not Act of God   
  Lawyer Ches Crosbie has commenced a moose class action lawsuit against the Government of Newfoundland and Labrador on behalf of residents drastically injured or killed in moose vehicle collisions.
• Moose Vehicle Accident Class Action Launched - Press Release Jan 11, 2011 [PDF]   
  Lawyer Ches Crosbie has launched a class action lawsuit against the Government of Newfoundland and Labrador on behalf of residents injured in moose vehicle collisions in Newfoundland.
• Moose Vehicle Collision Videos   
  Don't think we have a moose problem on our roads in Newfoundland? Check out these videos.

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Money Mart Settlement:

• Notice of Settlement   
• Amended Order approving Notice to Class Members [PDF]   
  Amended Order approving Notice to Class Members
• Settlement Agreement Schedule A [PDF]   
• Settlement Agreement Schedule B [PDF]   
• Settlement Agreement Schedule C [PDF]   
• Settlement Agreement Schedule D [PDF]   
• Settlement Agreement Schedule E [PDF]   
• Settlement Agreement Schedule F [PDF]   
• Settlement Agreement Schedule G [PDF]   
• Settlement Agreement Schedule H [PDF]   
• Settlement Agreement [PDF]   
  Settlement reached in class action against Money Mart.
• Notice of Approval Hearing [PDF]   
  Notice of the Approval Hearing on May 26, 2010 to consider the proposed settlement of the Money Mart Class Actions
• Order Approving Notice to Class Members [PDF]   
  Order of Mr. Justice Thompson approving the form of Notice to Class Members of the Money Mart Class Action.
• Smith v. National Money Mart [PDF]   
  Decision of Justice Perrell in Smith v. National Money Mart.
• Payday Lender Settles Class Action [PDF]   
  Money Mart Class Action Settles
• Settlement Agreement [PDF]   
  Settlement Agreement in Newfoundland Money Mart Class Action

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Current Class Actions:

• Moose Vehicle Collision Class Action   
  A class action taken on behalf of residents of Newfoundland who were injured by a moose on the highways of Newfoundland.
• Chocolate Makers Steal Candy from Babies   
  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.
• Miramichi Pathology Class Action   
  New Brunswick pathology errors class action
• Residential Schools Labrador   
  The class action involves 5000 persons of Inuit, Innu and Métis ancestry who suffered cultural & physical abuse at 5 residential schools in NL.

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Settled Class Actions:

• Breast Cancer Testing   
  This class action lawsuit alleges a failure of quality control by Eastern Health in the retesting of breast cancer tissue specimens.
• Goose Bay Contamination   
  A class action taken on behalf of people affected by Canada's moratorium on agricultural leases in the Happy Valley-Goose Bay area.
• Wheadon v. Bayer Decision [PDF]   
• Labrador City - Hospital Sterilization Failure (SETTLED)   
• Bayer-Baycol Class Action (SETTLED)   

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Breast Cancer Testing Class Action Documents:

• Press Release - October 27, 2010 [PDF]   
  Breast Cancer Claimants Get Cheques This Week
• Update - September 2010 [PDF]   
  The class action administrator posted the notice below last week. There are about 70 claims still being processed at this time.
• Notice NL Office Closure   
• Notice for NL Staff   
• Notice of Settlement (French)   
  Notice of Settlement in French
• Court Approves Class Action Settlement   
• Notice of Final Settlement [PDF]   
  Notice of Final Settlement in the Breast Cancer Testing Class Action
• Decision of Thompson J - February 12, 2010 [PDF]   
• No Rubber Stamp - Telegram, February 3, 2010 [PDF]   
• Certification Decision [PDF]   
• Ches Crosbie interviewed on breast cancer testing compensation payments and fees   
  Ches Crosbie intereviewed on January 7, 2010 on breast cancer testing class action compensation payments and fees by Out of the Fog
• Notice to Members of the Breast Cancer Testing Class Action dated January 6, 2010 [PDF]   
• Distribution Protocol [PDF]   
• Settlement Agreement [PDF]   
• Compensation Targets Announced for Breast Cancer Testing Class [PDF]   
• Settlement in the Breast Cancer Testing Class Action [PDF]   
  I am pleased to inform you that the Breast Cancer Testing Class Action settled this afternoon after a three day mediation. There are further details in the attached press release.
• Telegram Editorial September 24, 2009 [PDF]   
• Notice to Admit - May 2009 regarding Commissioner Cameron's Report [PDF]   
• Mr. Crosbie making donation to Daffodil Place   
• Notice To admit [PDF]   
• Defendant's Reply to Plaintiff's Notice to Admit [PDF]   
• Statement of Defence [PDF]   
• Telegram Article "2008 Year In Review" [PDF]   
• Submission on behalf of the Members of the Breast Cancer Testing Class Action [PDF]   
• Reply Submission on behalf of the Members of the Breast Cancer Testing Class Action [PDF]   
• Press Release: Dec 12, 2006 [PDF]   
• Certification Application [PDF]   
• Statement Of Claim [PDF]   
• Answers to Interrogatories [PDF]   
• Hutton Response [PDF]   
• Government announces Judicial Commission of Inquiry   
• Terms of Reference [PDF]   
• Answers to Interrogatories of Heather Predham dated August 3, 2007 [PDF]   
• Interrogatories to Dr. Gown (no Answers provided) [PDF]   
• Notice of Breast Cancer Testing Class Action, as approved by the Court, published August 2007 [PDF]   

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Miramichi Pathology Class Action:

• Affidavit of Dr. Charles Hutton [PDF]   
• Amended Statement of Claim [PDF]   
  Amended Statement of Claim in Miramichi Pathology Class Action adding Dr. Menom as Second Defendant
• Update - February 2009 [PDF]   
  Ches Crosbie and Ray Wagner, as counsel for the plaintiffs, were in Miramichi on February 9 for a hearing before Justice Oulette to get an early date for the certification hearing.
• Notice of Motion [PDF]   
• Affidavit of Mike Dull [PDF]   

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Residential Schools Class Action:

• January 2012 - Court of Appeal Order [PDF]   
  Court of Appeal orders upholding certification of Residential Schools Class Action
• Court of Appeal Decision Corrigendum [PDF]   
  Some slight changes to the Court of Appeal decision.
• 2011 12 21 - Court of Appeal Decision [PDF]   
  The Court of Appeal has upheld the Trial Division decision granting certification in the Residential Schools Class Action.
• Press Release - December 21, 2011 [PDF]   
  The certification of the Residential Schools Class Action has been been upheld by the Newfoundland Court of Appeal.
• Statement of Claim - Anderson v Attorney General of Canada [PDF]   
  This class action concerns allegations of sexual and physical abuse at the Lockwood School located in Cartwright, Newfoundland and Labrador
• Newfoundland Factum [PDF]   
  Lawyers for the Plaintiffs argue the appeal by Canada of the decision granting class action status.
• Interview given by Ches Crosbie to CBC Radio regarding certification of the Residential Schools Lawsuit [PDF]   
  Interview given by Ches Crosbie to CBC Radio Noon on June 8, 2010 regarding the certification of the Newfoundland and Labrador Residential Schools Lawsuit
• Certification Decision   
  Decision of Mr. Justice Fowler certifying this action as a class action. The plaintiffs are Inuit and persons who attended certain residential schools on the coast of Labrador and the northern tip of Newfoundland from 1949 to the date of closure of Lockwood School, Yale School, Makkovik School, Nain School and St. Anthony School. The plaintiffs say that because of this forced attendance at these schools they have experienced cultural deprivation, physical and emotional abuse and in some cases sexual abuse.
• Press Release - June 7, 2010   
  Newfoundland Court gives go ahed to five class actions related to residential schools in Newfoundland and Labrador

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Chocolate Price Fixing Class Action Documents:

• Notice of Settlement - English [PDF]   
  Notice of Settlement of claims against Cadbury and Itwal.
• Notice of Settlement - French [PDF]   
  Notice of Settlement of the claims against Cadbury and Itwal.
• Notice of Settlement Approval Hearing - English - February 11, 2010 [PDF]   
  Notice of Certification and Settlement Approval Hearing in the matter of Chocolate Products Class Action Litigation.
• Notice of Settlement Approval Hearing - French - February 11, 2010 [PDF]   
  AVIS D’APPROBATION DES RÈGLEMENTS DANS L’AFFAIRE DU
  RECOURS COLLECTIF AYANT TRAIT AUX PRODUITS DE CHOCOLAT
• Daniel Wilcock Sworn Statement [PDF]   
• Statement of Claim - Chocolate Price Fixing [PDF]   

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Video Lottery Terminals Class Action Documents:

• Application of the Plaintiff - December 2011 [PDF]   
  Application of the Plaintiff's to substitute representative plaintiff and amend the Statement of Claim
• Affidavit of Douglas Babstock - December 2011 [PDF]   
  Douglas Babstock supports being the representative plaintiff in this class action
• Brief of the Plaintiff - December 2011 [PDF]   
  Brief filed with the Supreme Court outlining the history of the action to date.
• Defendant's Amended Application - December 2011 [PDF]   
  Application to Supreme Court by Defendant regarding Competition Act.
• Application by Defendant - December 2011 [PDF]   
  Application to Supreme Court by ALC for production of plaintiff medical records.
• Affidavit of Paul Burns - December 2011 [PDF]   
  Affidavit filed on behalf of ALC
• Affidavit of Dr. Marc Potenza [PDF]   
  Affidavit filed on behalf of ALC
• Further Amended Statement of Claim - December 2010 [PDF]   
• Supplementary Affidavit of Dr. Kevin Harrigan - August 2011 [PDF]   
• Affidavit of Greg Rice - January 2010 [PDF]   
• Affidavit of Peter Austin - January 2010 [PDF]   
• Supplemental Affidavit of Dr. Kevin Harrigan - January 2010 [PDF]   
• Supplemental Affidavit of Keith Piercey - January 2010 [PDF]   
• Statement of Claim against Third Parties [PDF]   
• Transcript of Minister Marshall discussing online gambling on CBC Radio - November 14, 2011 [PDF]   
  Minister of Finance Tom Marshall recently did an interview on the St. John's Morning Show about online gambling and ALC
• Decision of Justice Dymond dated April 23, 2010 [PDF]   
  Decision dismissing ALC's attempt to get court to hear application to strike this class action lawsuit before the Certification Hearing stage.
• Certification Application issued December 2009 [PDF]   
• Affidavit of Keith Piercey - December 2009 [PDF]   
• Affidavit of Robert Tucker - December 2009 [PDF]   
• Affidavit of Sheri Geehan - December 2009 [PDF]   
• Affidavit of Kevin A. Harrigan, PhD - December 2009 [PDF]   
• Video Lottery Terminals   
  This class action was brought in 2009 against Atlantic Lottery Corporation Inc. The class action claims that VLTs are inherently deceptive, inherently addictive, and inherently dangerous when used as intended.
• Gamblers Whose Luck Has Run Out   
  On Sunday March 22, 2009, CBC: The World This Weekend aired the story "Gamblers Whose Luck Has Run Out."
• Playing the Machines Press Release March 20, 2009 [PDF]   
• Statement of Claim - 2009 [PDF]   
• Decision of Judge Dymond December 12, 2008 [PDF]   
• Press Release - December 16, 2008 [PDF]   
• Affidavit of Kevin Harrigan [PDF]   
• Statement of Claim - Video Lottery Terminals [PDF]   

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Advanced Medical Optics Class Action Documents:

• Defendant's Appeal Dismissed [PDF]   
  The Court of Appeal for British Columbia has dimissed an appeal by AMO Canada Company and Advanced Medical Optics, Inc., and ruled that the certification of a Newfoundland subclass in BC is valid.
• Press Release - December 9, 2010 [PDF]   
  Contact lens solution parasite case upheld as class action
• Advanced Medical Optics   
• Press Release - Infected Lens Solution Class Action Given Court Approval [PDF]   
• AMO Class Action - Update October 2008   
• Statement of Claim - Advanced Medical Optics (AMO) [PDF]   

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Payday Loans Class Action Documents:

• Payday Loans   
• Money Mart Statement of Claim [PDF]   
• Payday Loans Press Release [PDF]   
• Payday Plus Statement of Claim [PDF]   
• Quick Cash Statment of Claim [PDF]   

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OxyContin Class Action Documents:

• OxyContin   
• Statement of Claim - OxyContin [PDF]   

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Light Cigarettes Class Action Documents:

• Court of Appeal Decision - March 22, 2010   
  Court of Appeal dismisses class action against Imperial Tobacco
• APPEAL COURT SLAYS CLASS ACTION AGAINST IMPERIAL TOBACCO   
• Application to file Brief in Reply [PDF]   
• Brief on the Application to file Brief in Reply [PDF]   
• Victor Sparkes' Reply in Light Cigarettes Appeal [PDF]   
• Memorandum of Argument for Leave to Appeal   
• Affidavit of A.J. Liston [PDF]   
• Light Cigarettes   
• Application for Class Certification [PDF]   
• Amended Statement of Claim [PDF]   
• Third Party Notice and Claim [PDF]   

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Lab City Class Action Documents:

• Litigation Plan [PDF]   
• Press Release - February 9, 2004 [PDF]   
• Affidavit of Representative Plaintiff [PDF]   
• Affidavit of Solicitor [PDF]   
• Application for Class Certification [PDF]   
• Consent Order [PDF]   
• Decision of Justice Russell [PDF]   
• Introduction [PDF]   
• Statement of Claim - Lab City [PDF]   
• Press Release [PDF]   
• Settlement Agreement [PDF]   
• Notice of Certification [PDF]   
• Schedule 1 [PDF]   
• Settlement April 2007 [PDF]   

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Newsletter Archive:

• January 2012 Newsletter [PDF]   
  This edition of "Settled Right" is dedicated to Riley.
• Fall 2011 Newsletter [PDF]   
  This edition of the newsletter contains a contest that looks like a bit of fun - check it out!
• Summer 2011 Newsletter [PDF]   
  Our summer 2011 edition has some interesting personal injury stories and provides an update on the moose vehicle collision class action.
• Spring 2011 Newsletter [PDF]   
  This newsletter contains some interesting articles and a big announcement.
• January 2011 Newsletter [PDF]   
  Highlights of this edition include the launching of the moose vehicle collision class action.
• Fall 2010 Newsletter [PDF]   
  Fall 2010 Newsletter
• Newsletter - Summer 2010 [PDF]   
• Newsletter - Summer 2010 [PDF]   
• Winter 2010 Newsletter [PDF]   
  Winter 2010 Newsletter
• Fall 2009 Newsletter [PDF]   
• Summer 2009 Newsletter [PDF]   
• Ten Mistakes People Make [PDF]   
  This was a valuable and informative postcard distributed to our mailing list in January 2009. If you would like to receive future mailings, please contact my office at (709) 579-4000 and ask to be placed on our mailing list.
• Newsletter Winter 2009 [PDF]   
  This is our firm newsletter which was distributed in March 2009.
• Newsletter Fall 2008 [PDF]   
• Postcard September 2008 [PDF]   
  Questions to ask insurance adjusters, but they will never answer
• Newsletter Summer 2008 [PDF]   
  Here is our firm newsletter sent out in August 2008.
• Postcard May 2008 [PDF]   
  Postcard we sent out in May 2008.

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Taxation Decisions:

• Myles v. Yates, 2010 August 18 [PDF]   
  Taxation Decision of Chesley F. Crosbie, Q.C., dated August 18, 2010

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Public Law Library:

• Retainer Letters and Expert Reports: Tips and Traps [PDF]   
  This paper covers practial approaches to retainer letters and the obtaining of expert reports. The expert report serves several functions, two of which are to persuade the defence and to persuade the court.
• How To Stop Thinking Like a Lawyer and Love It [PDF]   
  Ches Crosbie had the honor of addressing a talk to an audience of law students and professors at Dalhousie Law School in early October 2009. Here's what he said.
• Court Decisions on Class Actions in Newfoundland and Labrador   
  Newfoundland class actions
• Injured Doctor Looks For Help From Supreme Court of Canada [PDF]   
  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   
  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   
  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!)   
  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?

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General:

• Office Locations   
  Ches Crosbie Barristers opens satellite office in Conception Bay North
• A real class act   
• Local Lawyer Receives Mainland Recognition [PDF]   
  In late May 2009 Mr. Crosbie was awarded the Bruce T. Hillyer Award for "fearlessly advancing the cause of individual rights by the effective use of trial advocacy."
• Ches Crosbie Answers Questions on Injury Claims in CBC Interview [PDF]   
• Ches Crosbie - A real class act   
  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]   
  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]   
  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]   
  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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