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Auto Accidents and Car Wrecks
- 29 Quick Tips for Handling Your Own Newfoundland and Labrador Personal Injury Car Accident Settlement - Tip #11
- 29 Quick Tips for Handling Your Own Newfoundland and Labrador Personal Injury Car Accident Settlement - Tip #10
Accidents and Injuries
- Guidance, Care and Companionship in Newfoundland and the Thinking Behind Amendment to the Fatal Accidents Act
- How is my Injury Claim affected by a Separation or Divorce?
Medical Malpractice
Class Action Lawsuits
- Federal Crown Offers Unequal Treatment to Aboriginals in Newfoundland and Labrador Residential Schools Class Action
- Class Action Causes Reform of Wrongful Death Laws
General
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California Injury Blog
Virginia Wrongful Death Blog
California Personal Injury Blog
Halifax Personal Injury Blog
Virginia Car Accident Lawyer Blog
Halifax Sexual Abuse Claims Blog
Halifax Medical Malpractice Blog
View AllNews
- Appeal decision protects some medical information: lawyerPosted on 6/23/2010
- NEWFOUNDLAND COURT GIVES GO AHEAD TO FIVE CLASS ACTIONS RELATED TO RESPosted on 6/8/2010
- Payday Lender Settles Class ActionPosted on 4/7/2010
Library
- Auto Accidents and Car Wrecks
- Accidents and Injuries
- Medical Malpractice
- Class Action Lawsuits
- 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
- Public Law Library
- General
Library Categories:
- Auto Accidents and Car Wrecks
- Accidents and Injuries
- Medical Malpractice
- Class Action Lawsuits
- 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
- Public Law Library
- General
Auto Accidents and Car Wrecks:
- Court of Appeal Decision
Description: Decision of Court of Appeal in invasion of privacy case. - Safe Driving Contract
Description: 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
Accidents and Injuries:
Medical Malpractice:
- Gallant v. Brake-Patten
- Lawyer Ches Crosbie writes book about medical malpractice suits
- Factum of the Appellants in Wrongful Death Appeal: Misdiagnosis [PDF]
Class Action Lawsuits:
- Ches Crosbie interviewed by National Post
Description: 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]
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.
Money Mart Settlement:
- Notice of Settlement
- Amended Order approving Notice to Class Members [PDF]
Description: Amended Order approving Notice to Class Members - Settlement Agreement [PDF]
Description: Settlement reached in class action against Money Mart. - Settlement Agreement Schedule H [PDF]
- Settlement Agreement Schedule G [PDF]
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.
Settled Class Actions:
- Wheadon v. Bayer Decision [PDF]
- Labrador City - Hospital Sterilization Failure (SETTLED)
- Bayer-Baycol Class Action (SETTLED)
Breast Cancer Testing Class Action Documents:
- Notice for NL Staff
- Notice NL Office Closure
- Notice of Settlement (French)
Description: Notice of Settlement in French - Court Approves Class Action Settlement
- Notice of Final Settlement [PDF]
Description: Notice of Final Settlement in the Breast Cancer Testing Class Action
Miramichi Pathology Class Action:
- Affidavit of Dr. Charles Hutton [PDF]
- Amended Statement of Claim [PDF]
Description: Amended Statement of Claim in Miramichi Pathology Class Action adding Dr. Menom as Second Defendant - Update - February 2009 [PDF]
Description: 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. - Affidavit of Mike Dull [PDF]
- Notice of Motion [PDF]
Residential Schools Class Action:
- Interview given by Ches Crosbie to CBC Radio regarding certification of the Residential Schools Lawsuit [PDF]
Description: Interview given by Ches Crosbie to CBC Radio Noon on June 8, 2010 regarding the certification of the Newfoundland and Labrador Residential Schools Lawsuit - Press Release - June 7, 2010
Description: Newfoundland Court gives go ahed to five class actions related to residential schools in Newfoundland and Labrador - Certification Decision
Description: 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.
Chocolate Price Fixing Class Action Documents:
- Notice of Settlement Approval Hearing - French - February 11, 2010 [PDF]
Description: AVIS D’APPROBATION DES RÈGLEMENTS DANS L’AFFAIRE DU
RECOURS COLLECTIF AYANT TRAIT AUX PRODUITS DE CHOCOLAT - Notice of Settlement Approval Hearing - English - February 11, 2010 [PDF]
Description: Notice of Certification and Settlement Approval Hearing in the matter of Chocolate Products Class Action Litigation. - Statement of Claim - Chocolate Price Fixing [PDF]
- Daniel Wilcock Sworn Statement [PDF]
Video Lottery Terminals Class Action Documents:
- Decision of Justice Dymond dated April 23, 2010 [PDF]
Description: Decision dismissing ALC's attempt to get court to hear application to strike this class action lawsuit before the Certification Hearing stage. - Affidavit of Kevin A. Harrigan, PhD - December 2009 [PDF]
- Affidavit of Sheri Geehan - December 2009 [PDF]
- Affidavit of Robert Tucker - December 2009 [PDF]
- Affidavit of Keith Piercey - December 2009 [PDF]
Advanced Medical Optics Class Action Documents:
- 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]
Payday Loans Class Action Documents:
- Payday Loans
- Quick Cash Statment of Claim [PDF]
- Payday Plus Statement of Claim [PDF]
- Payday Loans Press Release [PDF]
- Money Mart Statement of Claim [PDF]
OxyContin Class Action Documents:
Light Cigarettes Class Action Documents:
- [PDF]
Description: Plaintiff's Merits Factum - Court of Appeal Decision - March 22, 2010
Description: Court of Appeal dismisses class action against Imperial Tobacco - APPEAL COURT SLAYS CLASS ACTION AGAINST IMPERIAL TOBACCO
- Brief on the Application to file Brief in Reply [PDF]
- Application to file Brief in Reply [PDF]
Lab City Class Action Documents:
- Press Release - February 9, 2004 [PDF]
- Litigation Plan [PDF]
- Settlement April 2007 [PDF]
- Schedule 1 [PDF]
- Notice of Certification [PDF]
Newsletter Archive:
- Newsletter - Summer 2010 [PDF]
- Fall 2009 Newsletter [PDF]
- Summer 2009 Newsletter [PDF]
- Ten Mistakes People Make [PDF]
Description: 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]
Description: This is our firm newsletter which was distributed in March 2009.
Public Law Library:
- Retainer Letters and Expert Reports: Tips and Traps [PDF]
Description: 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]
Description: 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
Description: Newfoundland class actions - Injured Doctor Looks For Help From Supreme Court of Canada Part II [PDF]
- 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.
General:
- [PDF]
Description: Winter 2010 Newsletter - A real class act
- Local Lawyer Receives Mainland Recognition [PDF]
Description: 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
Description: Telegram story published November 24, 2008 about Newfoundland personal injury lawyer Ches Crosbie.
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Video Library
Auto Accidents and Car Wrecks:
- Why and When To Bring In the Experts
- The seven deadly sins that can wreck your Newfoundland and Labrador injury claim.
Accidents and Injuries:
Medical Malpractice:
Class Action Lawsuits:
- Class Action Cases Need Experienced Attorneys
- Imperial Tobacco Appeal Decision
- Ches Crosbie comments on March 24, 2010 Update of Cameron Report
- Remembering Donna Howell - NTV Early Edition
- Remembering Donna Howell
General:
- Our Fee Structure is Designed to Benefit the Client
- Learn About the Book “The Seven Deadly Sins” by Ches Crosbie
- Things To Consider When Choosing A Lawyer
- Learn How to Get Your Free Book “The Seven Deadly Sins”
- Providing Useful Information to Consumers is What Makes Us Different
FAQs
Auto Accidents and Car Wrecks
- I was injured in a car accident and my insurance company is telling me I have to use my personal insurance (e.g. Desjardins, Blue Cross, Manulife) to pay for my massage therapy, physiotherapy and prescription drugs before I can use either the accident benefit coverage (Section B) on my automobile policy, or the insurance of the guy who hit me. Is this right?
- What if an insurance adjuster offers me a settlement?
- Should I talk with the insurance company representative? Should I give a statement to the other insurance company?
Accidents and Injuries
- I was injured in a car accident and the insurance company of the person who hit me is telling me I have to use my own accident benefit coverage (Section B) to pay for my physiotherapy treatments before I use his coverage. Why is this?
- With an accident claim, if you go to court and lose is it the practice of the judge to make the plaintiff pay the cost?
Is my personal injury claim award subject to division, as a "matrimonial asset" in accordance with the Family Law Act?
Medical Malpractice
- What is cerebral palsy? Can I claim for compensation?
- Are physician expert witnesses easy to find and are they usually willing to testify against another physician?
- Do most medical malpractice cases result in a judgment in favor of the patient?
Class Action Lawsuits
Newfoundland and Labrador Personal Injury Lawyer
- Do injury lawyers advertise too much?
- Who is the "best" lawyer for an injury case?
- Why did you write a free book?
General
- If you go to court and lose, is it always the practice of the judge to make the plaintiff pay the costs?
- What is the difference between a judgment and a settlement?
- I slipped at a department store about 4½ hours ago. I didn't fall, but I definitely pulled muscles. I don't know if I should wait until tomorrow to see if that is all it is or if I should seek medical attention tonight. Should I go to the emergency room or should I contact the department store and ask them if they have a physician I should go to?