Justice Irving Goldenberg:
Defending Individual Rights Against No Fault Researcher Dr. David Cassidy

Nipawin - August 28, 2000 - By: Mario deSantis

fudge the data

It was a great day for the advancement of individual rights in Saskatchewan when last
Thursday, Justice Irving Goldenberg refused to drop Dr. David Cassidy from
Dr. Emma Bartfay's suit(1). Dr. Cassidy conducted a botched study of no fault insurance
in Saskatchewan and Dr. Bartfay quit in the middle of the study saying that Cassidy
tried to force her to fudge the data.



disclose his contracts

Under no fault insurance injured people cannot suefor pain and suffering. As a result
of Justice Goldenberg's decision, Dr. Cassidy will have to disclose his contracts with the
Saskatchewan Government Insurance (SGI) and he will have to answer questions on the
circumstances of Dr. Bartfay's dismissal from the University of Saskatchewan.



Quebec study

Dr. Cassidy not only manipulated data to support the results SGI wanted, but he
showed his copycat approach to researches by basing his results on the previous
outdated Quebec study on no fault insurance and on the positive psychology that
injured people recover their health faster if they focus on getting better rather than
suing for pain and suffering. The Quebec study didn't conduct any original research,
as a matter of fact it was just a compendium of different researches; and the positive
psychology movement has been disclaimed by recent researches(2), in fact "little data
supports the idea that a positive attitude enhances health(3)."



punitive damages

In the light of Tort Reform laws which diminish the people's right to sue for punitive
damages(4), I find Justice Goldenberg's decision a small but significant step towards
the betterment of the justice system in supporting individual rights and eventually in
reestablishing punitive damages in wrongful dismissals. Punitive damages are not
compensatory damages, they are exemplary damages and they tell employers that
their callous, malicious, and in Dr. Bartfay's case socially unacceptable behaviors in
dismissing employees are not going to be tolerated. And the importance of punitive
damages is becoming more relevant today when our no fault authorities are the
perpetrators of such despicable behaviors
  General reference for no fault insurance Coalition Against No Fault In Saskatchewan http://www.angelfire.com/nf/coalitionagainstnf/
  List of articles by Mario deSantis http://www.ftlcomm.com/ensign/authors/desantisNG.html


Saskatoon man still stuck in lawsuit, CBC Saskatchewan http://www.sask.cbc.ca/ Web Posted | Aug 24 2000 8:39 PM EDT


CTV Canada AM, August 17, 2000. The guest was Dr. Barbara Held, Clinical Psychologist and Author of "Stop Smiling, Start Kvetching." She can be reached at 207-725-3639. If you would like to obtain written transcripts you can call 1-800-663-3607 or video transcripts at (416) 332-7389.


Seeing Pessimism's Place in a Smiley-Faced World, by ERICA GOODE, NY TIMES, August 15, 2000


A trend in Tort Reform laws: No-fault, no individual freedom and no responsibility, by Mario deSantis and reviewed by James deSantis, August 14, 2000
  additional references:
  You might find this summary critisizing the New England Journal of Medicine's article interesting.