Practice

• Auto Accidents and Car Wrecks
• Accidents and Injuries
• Medical Malpractice
• Class Action Lawsuits

News

• Progress Being Made on Breast Cancer Claims...
• Associate lawyer...
• Plaintiff lawyer gets five years for bribery...
• Record $17 million injury award upheld...

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Library

Auto Accidents and Car Wrecks

• Cell Phones and Motor Vehicle Accidents
• The Constitutionality of No-Fault Auto Insurance
• Auto Tort Reform: A Newfoundland and Labrador Victory for the Injured

Class Action Lawsuits

• Mass Torts and Class Actions: Separating the Wheat from the Chaff
• Light Cigarettes
• Payday Loans
• Advanced Medical Optics
• Video Lottery Terminals

Breast Cancer Testing Class Action Documents

• Press Release: Dec 12, 2006
• Certification Application
• Statement Of Claim
• Answers to Interrogatories
• Hutton Response

Chocolate Price Fixing Class Action Documents

• Daniel Wilcock Sworn Statement
• Statement of Claim - Chocolate Price Fixing

Video Lottery Terminals Class Action Documents

• Affidavit of Kevin Harrigan
• Statement of Claim - Video Lottery Terminals

Advanced Medical Optics Class Action Documents

• Statement of Claim - Advanced Medical Optics (AMO)
• AMO Class Action - Update October 2008

Payday Loans Class Action Documents

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

OxyContin Class Action Documents

• Statement of Claim - OxyContin

Light Cigarettes Class Action Documents

• Application for Class Certification
• Amended Statement of Claim
• Third Party Notice and Claim

Lab City Class Action Documents

• Litigation Plan
• Press Release - February 9, 2004
• Affidavit of Representative Plaintiff
• Affidavit of Solicitor
• Application for Class Certification

Newsletter Archive

• Postcard May 2008
• Newsletter Summer 2008
• Postcard September 2008

Public Law Library

• Public Database of Court Decisions
• Highest Personal Injury Damages Awarded in Atlantic Canada History
• Court of Appeals Reverses Trial Decision: Ditch Dangerous but Premises Safe (go figure!)
• Injured Doctor Looks For Help From Supreme Court of Canada
• Injured Doctor Looks For Help From Supreme Court of Canada Part II

General

• Ches Crosbie - A real class act
• The Test for Jury Trial in Personal Injury Cases
• Opportunities for Excluding Expert Evidence
• Disorder in the Courts: The Duty of Care after Cooper
• Legal Matchmaking: The Truth About Lawyer Finder Websites & Online Directories

Class Action Lawsuits

Class action lawsuits are a relatively new phenomenon in Canada, and became the “law of the land” in Newfoundland and Labrador on April 1, 2002 with passage of the Class Actions Act. This consumer-friendly law allows numerous individuals who have suffered a shared wrong to join together in one lawsuit, which puts the victims on a more level playing field with the often powerful defendant. Without the burden of individual legislation, groups of victims have more access to justice when they can pursue court action together.

Class Actions Level the Playing Field for Victims

Ches Crosbie Barristers is a pioneer in the field of class action lawsuits. We obtained class certification for a lawsuit against Bayer for injuries from their anti-cholesterol drug Baycol – the first class action certified in Newfoundland and Labrador. We were also the first to receive a court approved settlement in Atlantic Canada in a class action in Labrador over a hospital sterilization failure.

Our experience does not end there. In addition, we represent claimants in a number of other class action lawsuits, including a case against Imperial Tobacco Canada Limited for deceptive marketing of their light cigarettes, against Advanced Medical Optics for a contaminated contact lens solution, against Purdue Pharma and their drug Oxycontin, and more. Our most high profile cases currently are the Breast Cancer Testing Class Action and the Miramichi Pathology Class Action.

Established in 1991, Ches Crosbie Barristers serve residents of Newfoundland and Labrador and we pride ourselves on leveling the playing field for the “little guy” in class action suits against major manufacturers, corporations, and insurance companies. Our main office is in St. John’s, but we serve many clients all over the Avalon Peninsula, the Trinity Conception area, including Bay Roberts and Harbour Grace-Carbonear, Clarenville, Gander, Grand Falls, Corner Brook – all over the island of Newfoundland, and in Labrador too.

Information to Empower the Consumer

We feel so strongly that consumers should be on a level playing field with insurance companies and major manufacturers and corporations that we wrote the book on injury and accident cases. Our ultimate guide to accident cases in Newfoundland and Labrador, 7 Deadly Sins That Can Wreck Your Injury Claim, is available free to residents of this province. Find out the answers to your pressing legal questions, like:

• Do I need a lawyer?
  
• How do I find the right lawyer for my injury case?
  
• How do I avoid making a terrible mistake in my claim?

Order this innovative consumer book today – free!

As pioneers in the field of class action lawsuits, we feel uniquely qualified to represent victims against powerful defendants. The lawyers at Ches Crosbie Barristers have dedicated our practice to leveling the playing field for people injured by the fault or negligence of others. Our pioneering work in class actions takes our commitment to leveling the playing field for the consumer to a whole new level.

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Ches Crosbie Barristers
169 Water Street, 4th Floor
St. John's, NL
A1C 1B1
Telephone: 709.579.4000 or 1.888.579.3262
Fax: 709. 579.9671

Serving residents of Newfoundland and Labrador, including those in St. John’s, the Avalon Peninsula, the Trinity Conception area, Bay Roberts, Harbour Grace-Carbonear, Clarenville, Gander, Grand Falls, and Corner Brook.

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Library for 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   
• Bayer-Baycol Class Action (SETTLED)   
• 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   
• 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.

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Frequent Questions for Class Action Lawsuits:

• What is a class action?
• How does a class action work?
• How do I join a class action?

• Why should I participate in a class action?

• What will it cost me to participate?
• As a class member, do I have any responsibility to pay for any cost awards payable to the other side?
• As a class member do I have a responsibility for the legal fee of plaintiff's counsel?
• What do I have to do to join the class action?

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FAQ

Auto Accidents and Car Wrecks

• If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
• Are photos of the accident scene helpful?
• A friend was in a car accident and broke her leg.  She got a lot of money.  Will my case be worth as much as hers?

Accidents and Injuries

• If this is my child’s case, will I need to bring my child into court at the time of trial?
• If this is a case about my child’s injuries, do I need to bring my child in to see you?
• What is a life care planner?

Medical Malpractice

• How do you decide whether to accept a medical malpractice case?
• Why do we need expert witnesses in our malpractice cases?
• You declined my malpractice case.  How come?

Class Action Lawsuits

• As a class member, do I have any responsibility to pay for any cost awards payable to the other side?
• As a class member do I have a responsibility for the legal fee of plaintiff's counsel?
• What do I have to do to join the class action?

Newfoundland and Labrador Personal Injury Lawyer

• What is your “success rate”?
• Do injury lawyers advertise too much?
• Who is the "best" lawyer for an injury case?

General

• How long does it usually take to settle a claim?
• What is mediation, and is it a good idea?
• What is the limitation period for my case?

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