A trend in Tort Reform laws:
No-fault, no individual freedom and no responsibility

Nipawin - By Mario deSantis and reviewed by James deSantis, August 15, 2000

to have a remedy

Since I have been writing about no-fault insurance in Saskatchewan I have done some
reading and I find to my dismay that no-fault has become an international lobbying
movement camouflaged as "Tort Reform(1)." Tort law is that component of the justice
system which deals with our fundamental right against a tort, that is an
injury or damage that we have experienced as the result of a wrong committed by another
person or business. The fundamental right to have a remedy against a tort doesn't arise
from a statute law, that is a law passed by a legislative body, but it arises from
''immemorial' time when justice was performed in accordance to the customs and
traditions of a people(2). And this kind of justice system is called "Common Law" as
opposed to the "Statutory Law" enacted by a legislative body.

multinational corporations

Common Law develops with the cumulative individual court decisions of the judiciary
body, and it coexists with the Statutory Law. What is happening today is that big
multinational corporations have been increasing their power to such an extent that
governments have abdicated their responsibilities to service their citizens and instead
they are serving themselves(3) along with the vested interests of the big multinational

usurping the traditional Common Law

Ralph Nader has pictured the big multinational corporations as private parliaments
where business is conducted through one-sided pre-printed contracts and where the
other side, the consumers, sign on the dotted line. The big multinational corporations
are not limiting themselves to behave as private parliaments, they are now taking over
the governments and through their lobbying, junk researches, bribes, expensive
propaganda and economic power are usurping the traditional Common Law sphere
of competence and influence governments to enact Tort Reform, that is legislation
which includes no-fault provisions and which takes away the individual right to sue
for the perceived wrong of another person or business.

individual rights

These big multinational corporations have controlled our media and influenced the
public and juries to believe that litigations have gone out of control, and that we have
now "a litigation explosion, a lawsuit crisis, a liability crisis, an insurance crisis,
skyrocketing jury awards, unscrupulous attorneys, and on, and on(4)." Tort reforms
are in practice no-fault legislative provisions which take away the individual rights of
people to sue and go to court.

a political wrong

I remember when David Milgaard got some $10 million dollars as compensation for
the wrong of being put in jail for twenty-three years for a crime he didn't commit(5).
Was this settlement too big for a political wrong which destroyed the life of Milgaard
and the lives of his mother, father, sisters and brother(6)?

human rights are not protected

We hear from time to time of huge of compensation settlements or judgements on
behalf of individuals, but the truth is that most of the litigations are between businesses(7),
and in this regard we can refer to the continuous and voluminous lawsuits experienced
by high tech business in Silicon Valley. It is wrong to have no fault legislation against
the interests of individual consumers, and it is more wrong in Saskatchewan where there
is no provision for class actions, where legal contingency fees are prohibited, and where
human rights are not protected(8).

victims have been suing

Last week, Bridgestone/Firestone has voluntarily recalled some 6.5 million tires which
have been linked to the death of about fifty people(9). And you know why they have
been recalling these tires? It is because lawyers for the families of the victims have
been suing Bridgestone/Firestone for the defects of their tires.


Think about no fault and you realize that it means no responsibility. And talking on
Saskatchewan no-fault insurance, Ralph Nader has stated
"they had an arcane few lines that immunized municipalities who did not repair highways which lead to crashes and injuries. They are virtually immune from lawsuits. And guess what? You have also immunized General Motors and Toyota and other auto companies and repair companies from liability, unless you're rich and you can tweak them for a few bucks, about $50,000... They must have been clicking champagne glasses in Detroit, figuring, 'Boy, they have trouble with the English language in Saskatchewan' They swept us right in with the immunity crowd(10)."

individual freedom

Saskatchewan's no fault insurance constitutes a further erosion of individual rights and
now that this government has been trying to sell this no-fault insurance scheme through
the deviant research of Dr. David Cassidy(11) we must fight it at any cost. And let us
recall that our individual freedom has a price much higher than no-fault insurance, and
that individual freedom, contrary to what big multinational corporations say and what this
government says, is at the core of our social and economic progress, and it is fundamental
for our justice system and constitution of our laws.


Improving the American Legal System: The Economic Benefits of Tort Reform http://www.house.gov/jec/tort/tort/tort.htm


The History of the Common Law of England by Matthew Hale 1713 http://www.yale.edu/lawweb/avalon/econ/hale01.htm


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


Civil juries and the politics of reform, by Stephen Daniels & Joanne Martin ix-x (1995). Refer to Tort Reform 1999: a building without a foundation, by Robert S. Peck, Richard Marshall, Kenneth D. Kranz http://www.law.fsu.edu/journals/lawreview/downloads/272/Peck.pdf


Milgaard's $10 million compensation: covering up the personal assets of our policing Saskatchewan Government, by Mario deSantis, June 24, 1999


On Milgaard's Compensation of $10 Million, by Mario deSantis, June 14, 1999


Refer to Jury: Disney owes $240M for stealing ideas, USATODAY.com Daily Briefing, Mon, 14 Aug 2000 02:13:04 MDT


A case for Legal Class Actions and Contingency Fees against Saskatchewan's No-Fault Government, by Mario deSantis and reviewed by James deSantis, June 28, 2000


Firestone Recalls Millions of Tires. Move Comes as Officials Check Possible Link to Highway Deaths August 10, 2000 http://abcnews.go.com/sections/us/DailyNews/firestone-recall000809.html


Ralph Nader speaks out against No-Fault in Saskatchewan...Transcripts from 1998, University of Regina, Saskatchewan, May 19, 1998  http://www.angelfire.com/nf/coalitionagainstnf/Ralph_Nador.htm


The incredible abuse of Saskatchewan No-Fault insurance (Part 1), by Mario deSantis, May 28, 2000 and reviewed by James deSantis