Legal Blog
$10 Million Dollar Class Action
Wednesday, August 22, 2007
A class-action lawsuit in the sum of $10 million dollars has been launched against Longhorn Custom Bodyart Studio, a tattoo parlour in Oshawa. A routine health inspection by Durham officials revealed that the equipment used to sterilize was malfunctioned.
Almost, 2400 possible patrons between the period November 2006 to August 2007 were notified and advised to get tested for blood-borne diseases such as HIV.
The lawsuit was filed in Whitby, this Monday on behalf of local Oshawa resident, Kaleb Beaulieu who received a tattoo from the parlour in July of this year. The lawsuit has yet to be certified as a class-action by the court as required by Ontario law.
The Toronto Star revealed that from the 530 tests that have been received so far all are negative.
If in fact a patron of the parlour did contract a blood-borne disease such as, HIV the damages will be significant. Nonetheless, there is no monetary compensation that can ever be adequate for an individual who contracted a life threatening illness because of the negligence of someone else.
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Canadian Bar Association Finally Speaks Out
Monday, August 20, 2007
Personal injury lawyers are committed to protecting, preserving and advocating on behalf of their clients. It is no surprise to see the lone Plaintiff's lawyer up against a team of Defence lawyers from the insurance company.
I see the case of Khadr v. The United States as no different.
I am glad to see the Canadian Bar Association (CBA) has finally spoken out.
Recently, outgoing President, Parker MacCarthy, gave a speech that received a standing ovation. Mr. MacCarthy, in an official statement to the Canadian Prime Minister requested that Canadian Khadr, who is currently being held at Guantanamo Bay, Cuba in U.S. custody be released from military prison and return home to Canada to face justice.
According, to the Toronto Star the comments and official statement put out by the CBA came just hours after Khadr?s American lawyer, Lt.-Cmdr. William Kuebler attended the conference urging the CBA for assistance.
Mr. MacCarthy, commented:
"When I see lawyers who take on very unpopular cases and when I see Lt. Commander Kuebler standing up to not only the highest levels of government in his country, but the military establishment, I'm moved by the courage of that man,"
Guantanamo's reputation has become widely known to the international community. Furthermore, captives, are not given fair hearings.
In an unprecedented move, recently, a military judge dismissed charges against Khadr in June, ruling, "that military commissions set up by the U.S. government to try alleged war crimes did not have the jurisdiction to hear the case."
The Pengaton's appeal is scheduled for August 24. If the Pentagon is successful, Khadr could be up for trial before fall of this year.
Bravo to Lt.-Cmdr. William Kuebler for raging against the machine and the Canadian Bar Association for lending a helping hand.
The official letter is available here:
http://www.cba.org/CBA/submissions/pdf/07-43-eng.pdf
Six US Citizens Recover 1 million in damages.
Monday, August 20, 2007
An article in the BBC has revealed that six US citizens who sued the American government in 2001 for scientific tests performed on them in 1939 have successfully recovered 1 million dollars in compensation.
The citizens, who are now in their 70's and 80's were orphans and in state care. They were subjected to six months of what the BBC article described as torment by Iowa University researchers.
Researches were examining whether children develop speech impediments because of psychological pressure.
The Plaintiffs allege they were subjected to prolonged harassment and that over the course of their lives they became self-conscious and reluctant to speak.
The Plaintiffs only became aware of the study when in 2001 a California newspaper revealed the details of the study. Following, the publication of the article the University of Iowa made a public apology.
That same year the six Plaintiffs sued seeking $13.5 million in damages alleging the studies, caused them, "psychological and emotional scars."
A Fly In My Drink
Tuesday, August 07, 2007
Mustapha v. Culligan of Canada [2006] O.J. No. 4964 (C.A)
Mustapha v. Culligan is a case where Mr. Mustapha, a neat freak, found dead fly parts floating in his Culligan water distributor. At trial, he was awarded $341,775. Mr. Mustapha alleged he suffered from psychological harm as a result of the dead fly parts. He said he was suffering from depression, nightmares and anxiety. All this despite, the fact the bottle with the dead fly parts remained unopened.
The Ontario Court of Appeal didn't buy it, and dismissed Mr. Mustapha's claim. Recently, this year Mr. Mustapha was granted leave to appeal to the Supreme Court of Canada.
The Supreme Court of Canada now has the opportunity to crystallize a complete test for nervous shock and psychological harm.
Mr. Mustapha's claim is primarily based on nervous shock and psychological harm wherein, he claims that due to Culligan's negligent act he is unable to live his pre-incident lifestyle.
His wife's Family Law Act claim was dismissed at trial. However, his case will now be examined by the Supreme Court.
If the Supreme Court decides in Mr. Mustapha's favour, the tort of nervous shock and psychological harm will be expanded considerably and will be a serious blow to insurers and large corporations alike.
Insurance companies are using the case of Mr. Mustapha as case studies for focus groups involving insurance medical assessors in order to view their reaction.
As a Plaintiff's lawyer we must always remain open to novel litigation ideas to protect and preserve the rights of our clients.
The case of Mustapha will no doubt have significant consequences and will be watched closely by Plaintiff and Defence lawyers.