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Barrie-area litigator Steve Rastin, senior counsel at Rastin Gluckstein, spoke about the challenges of mass tort and class-action litigation during another eventful year.
Rastin began the year by explaining that preparation is vital in getting a class-action lawsuit past the all-important certification stage, noting that failing to win certification can be the death knell of the claim. Assumption not enough to win class-action certification
In February, he said It is unlikely cases of medical device and medication litigation can be completely eliminated but class-action and mass tort lawsuits can help bring justice to victims and ultimately lead to improvements that benefit the public. Medical device and medication litigation offers chance for justice
A British Columbia court of appeal decision overturning certification of a class-action lawsuit brought by 215 inmates of a federal prison confirmed the need to develop a Canadian-based mass tort litigation regime, Rastin commented in his next post. Prison lawsuit ruling shows why mass torts can be a valuable tool
He noted in June that the challenge of proving legal causation is often misunderstood and a divisional court decision dealing with a catastrophic injury claim did little to clarify the issue. Still no closer to an answer in issue of proving legal causation
In August, Rastin announced the class-actions and mass torts team at Gluckstein Lawyers is investigating potential claims on behalf of premature infants suffering from serious long-term consequences after being diagnosed with necrotizing enterocolitis. Gluckstein Lawyers investigates link between NEC, baby formula
In his next post, he discussed the need for manufacturers to take active steps to inform the public when issuing recall notices. Product recalls without robust follow-up may not be enough
Rastin closed out the year warning plaintiff lawyers negotiating settlments in complex actions involving multiple parties to pay heed to a Ontario Court of Appeal ruling that effectively makes their task more difficult. Court of appeal decision ‘a wake-up call and a warning’
