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  • Acreman v. MUN Certification Decision [PDF]   
    Description: 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]   
  • 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.
  • 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.

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Current Class Actions:

  • Breast Cancer Testing   
    Description: This class action lawsuit alleges a failure of quality control by the Eastern Regional Integrated Health Authority (responsible for the Cancer Care Program and the Bliss Murphy Cancer Centre in St. John's) in the testing of breast cancer tissue specimens for estrogen and progesterone hormone receptivity.
  • Residential Schools Labrador   
  • 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.
  • Miramichi Pathology Class Action   
    Description: New Brunswick pathology errors class action
  • 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.

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