UPDATE - November 20, 2008Please see the Menu Foods Court Documents page in our Class Action section for a PDF of the Final Order confirming the settlement of the Menu Foods Class Action. UPDATE - OCTOBER 29, 2008Please see the Nova Scotia Nursing Homes Court Documents page in our Class Action section for a PDF of the Order which allows the proceedings to be continued under the recently proclaimed Class Proceedings Act. UPDATE - OCTOBER 21, 2008Please see the Nova Scotia Nursing Homes Court Documents page in our Class Action section for a PDF of the decision of Justice A. David MacAdam with respect to the Attorney General of Nova Scotia's application to strike portions of the Plaintiffs' Amended Statement of Claim. UPDATE - October 8, 2008Please see the Sydney Tar Ponds News page in our Class Action section for information concerning the discontinuance of the action against the Defendant Ispat Sidbec Inc. UPDATE - September 17, 2008Please see the Agent Orange Court Documents page in our Class Action section for PDFs of the Notice Of Motion and Affidavit of Clint Docken with respect to the Plaintiffs' certification motion. UPDATE - September 11, 2008Please see the Agent Orange News page in our Class Action section for updated information. UPDATE - JULY 29, 2008Please see the Vioxx News page in our Class Action section for a PDF of the Press Release announcing the successful decision in the Ontario certification motion. UPDATE - JULY 28, 2008Please see the Vioxx Court Documents page in our Class Action section for a PDF of the reasons of Justice Cullity in granting certification to the National Group (which Wagners is a member of) comprising seventeen law firms across Canada. UPDATE - JULY 22, 2008Wagners, in cooperation with Ches Crosbie Barristers, filed the Notice of Action and Statement of Claim with respect to the pathology problems at the Miramichi Regional Hospital. Please see the Miramichi Court Documents page in our Class Action section for a PDF of the Action. UPDATE - JULY 21, 2008Please see the Miramichi News page in our Class Action section to view the July 21, 2008 Press Release. UPDATE - JUNE 6, 2008Please see the Miramichi News page in our Class Action section for information about the June 9, 2008 Community Meeting. UPDATE - May 28, 2008Please see the Menu Foods News page in our Class Action section for updated information. UPDATE - MAY 13, 2008Please see the Vioxx main page in our Class Action section for updated information. UPDATE - APRIL 22, 2008Please see the Miramichi main page in our Class Action section for updated information about the particulars of the case. UPDATE - APRIL 16, 2008Please see the Miramichi News page in our Class Action section for information about the April 15, 2008 Community Meeting. UPDATE - MARCH 12, 2008Please see the Menu Foods Court Documents page in our Class Action section for a new PDF. UPDATE - MARCH 7, 2008Please see the Agent Orange Court Documents page in our Class Action section for a new PDF. UPDATE - FEBRUARY 18, 2008In a landmark ruling issued February 8, 2008, Alberta’s Courts struck down the government's cap on soft-tissue injury claims, declaring it unconstitutional. Justice Wittmann said the legislation discriminated against a specific group of injured Albertans by removing their right to sue for pain and suffering. The legislation essentially singled out an identifiable group of injured Albertans and arbitrarily marginalized them by declaring them less deserving of compensation than other Albertans injured due to the fault of others. The Court found that the ‘cap’ legislation violated section 15(1) of the Canadian Charter of Rights and Freedoms. Section 15 is aimed at preventing the "violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political and social prejudices, and to promote a society in which all persons enjoy equal recognition at law as human beings or as members of Canadian society, equally capable and equally deserving of concern, respect and consideration." (Law v. Canada, [1999] 1 S.C.R. 497) The Alberta Court’s adherence to the equality guarantees of the Charter in striking down that province’s ‘cap’ legislation, while not strictly binding, bodes well for the Constitutional Challenge currently being brought against similar ‘cap’ legislation passed by Nova Scotia’s Conservative government in November of 2003. This landmark decision follows in viewable PDF format: Morrow v. Zhang 2008 ABQB 98 INSURANCE CAP ON INJURIESAll "minor injuries" as a result of motor vehicle accidents that occurred in Nova Scotia on or after November 1, 2003 may be subject to a "cap" of $2,500.00. Legal counsel has brought an action to challenge the constitutionality of the cap. He is optimisitic that 2007 is the year when the challenge will be heard by the Supreme Court of Nova Scotia. With this news, we too are hopeful that the application will be heard in 2007 however we cannot confirm the certainty of this as we are not the legal counsel for the Plaintiffs in this challenge so we do not have any control over the timelines of when this matter is to be heard. Nova Scotia Home for Colored Children Actions NEWSOn April 2, 2007, we will be before the Court of Appeal to argue the issue of fiduciary duty. We will post further information on this as events warrant. Nova Scotia Health Care Class Action UPDATEIn our proposed class action against the Province of Nova Scotia with respect to recovering the health care costs paid by people in long-term care facilities, we are awaiting the appointment of a Case Managment Judge to assist in the facilitation and direction of the lawsuit. PERSONAL INJURY CASESIn Anna Marie Butler and Denise Mentis-Smith will be arguing in the Court of Appeal on June 13, 2007 on a personal injury matter. A lengthy jury trial which is scheduled to last for 6 weeks will also see members of the firm in Court beginning on April 10, 2007. LAW FIRM NAME CHANGEWe have changed our firm name to Wagners - A Serious Injury Law Firm, a reflection of our practice which is dedicated to assisting those individuals who have suffered personal injury, those who have been affected by medical malpractice and those members of the groups we represent in our various class action litigation. We have also redesigned our firm logo and presence on the Internet and we welcome you to our newly redesigned website.
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