A Case for Legal Class Actions and Contingency Fees
against Saskatchewan's No-Fault Government

Nipawin - June 29, 2000 - By: Mario deSantis and reviewed by James deSantis

I became incensed

We have been writing a bit about no-fault insurance and the related abuses of overspending, of
human rights infringements, of academic corruption and of governmental ineptitude and
parochialism. In reading the article "Tainted-blood lawyers get $35 million(1)" I came across the
word no-fault and I became incensed again.

for people
to seek

I see this no-fault buzz word as a gimmick by some corporate and governmental agencies to
suppress the natural recourse for people to seek remedies against the wrongs they have been
subjected. In two recent court rulings in Ontario and British Columbia, hepatitis C class-action
lawyers were awarded $35 million, and as a consequence hepatitis C victim Mike McCarthy
commented his disappointment by saying that "money will go into lawyers' bank accounts,
instead of into a no-fault compensation government scheme that could have been used to help
  all victims."

class actions

I am certainly sympathetic with MacCarthy's desire to see that more money would go to help the
victims rather than into the lawyers' bank accounts. However, MacCarthy's must recognize that the
class actions carried forward by the lawyers were instrumental for helping the many thousands of
tainted-blood victims to receive compensation. Also, MacCarthy must recognize that the current
disheartening economic roles of governments(2)(3) and corporate culture(4) could not have been
conducive to provide hepatitis C victims with a better compensation without the launching of legal
  class actions(5).

political one

In Saskatchewan, the public review of no-fault insurance has brought to light the infringements
of human rights and related damages to the no-fault victims(6). Such victims have no practical
legal recourse since the Saskatchewan Human Rights Commission created by Premier Roy
Romanow is a governmental self serving agency(7), and since Saskatchewan people are not
allowed to pursue legal remedies by using the tools of class actions or contingency fees(8). The
only recourse of these no-fault victims is a political one(9) and their hope for changing the
present no-fault insurance legislation is getting better with the stunning rejection of this
government's policies in last Monday's by-election in Wood River(10). Finally, a breeze of fresh
air is caressing the province for both our no-fault victims and the rest of us.
-----------References & Endnotes:
  We must break down Premier Roy Romanow's myth that the system is more worth than individual rights. The law and order mentality of our justice system for protecting the individual rights of Saskatchewan people can be summarized by Serge Kujawa's statement made back in 1991 "It doesn't matter if Milgaard is innocent... The whole judicial system is at issue-it's worth more than one person." Serge Kujawa is a former prosecutor and colleague of Premier Roy Romanow.
  General reference: Articles by Mario deSantis published by Ensign


Tainted-blood lawyers get $35 million, by Mark Kennedy, The StarPhoenix, June 26, 2000, Saskatoon, Saskatchewan


Governmental coalition in Saskatchewan: a private contractual deal at the expense of the electorate? By Mario deSantis, October 2, 1999


Governments must stop serving themselves and their friends, by Mario deSantis, February 13, 2000


Our leaders can't recognize an asset from a hole in the ground, by Mario deSantis, December 2, 1999


A class action is a legal procedure to hold corporate and governmental wrongdoers accountable for the damages they have caused to a number of individuals. Class actions are pursued when the cost of prosecution of individual claims is beyond the means of the individual. http://consumerlawpage.com/


Coalition Against No Fault In Saskatchewan. Transcripts Of Our First Meeting In Regina! http://www.angelfire.com/nf/coalitionagainstnf/library1.htm Transcripts Of Our Second Meeting In Saskatoon! http://www.angelfire.com/nf/coalitionagainstnf/nofault.pdf


Our Phony Government: preaching human rights while breaking the law, by Mario deSantis, June 22, 2000


Contingency fees, or percentage fees, are paid at the conclusion of a legal case, and only if there is a recovery. Lawyers who work on a contingency fee carry a higher financial risk and therefore they take strong cases and expect higher compensations. The contingency fee is the average person's only way to hire a lawyer and for that reason major corporations, insurance companies and governments have worked hard to limit contingency fees in order to limit the ability of the public to assert its legal rights. http://consumerlawpage.com/article/legalfee.shtml Turning lawyers into gamblers is a bad bet, by Allan Hutchinson, The Globe and Mail, June 7, 2000 http://www.globeandmail.ca/gam/Commentary/20000607/COHUTCH.html   Case for contingency fees, by Douglas Lennox, letter to the editor, The Globe and Mail, June 9, 2000 http://www.globeandmail.ca/gam/Letters/20000609/FRLETS-9.html


No-Fault is not an administrative matter, it is a political matter, it affects all of us, by Mario deSantis, June 9, 2000


Sask. Party crushes NDP and Liberals, in byelection, CBC Saskatchewan, http://www.sask.cbc.ca Web Posted | Jun 28 2000 1:25 PM EDT