In more complex cases of corporate, professional, or government negligence, where the type and severity of the harm suffered by victims can vary significantly, a Mass Tort is a flexible and powerful means of providing access to justice for individual plaintiffs.

For example:

A Class Action lawsuit might make sense against a major retail grocer alleged to have unfairly charged consumers for bread products over an established period. The class of potential plaintiffs is huge, and it would be relatively easy to assign a value to each claim. However, the modest value of each class member’s claim would not support a lawsuit.

On the other hand:

A Mass Tort might be suitable against a gynecologist alleged to have performed repeated unnecessary surgical procedures. While the liability allegations will be similar in every case, the impact on each individual victim will almost certainly vary widely. As a result, a Class Action will not be a useful substitute capable of providing each victim with appropriate compensation.

Advantages of Mass Tort

1.  Access to Justice

Suing large corporations, medical professionals and hospitals, or government agencies is complex and expensive. These defendants are well-funded and will not back down unless it is obvious that they will lose, or you are willing to risk a trial. It can be intimidating to fight for your right to fair compensation even when you have suffered severe, life-changing injuries and losses. In many cases, plaintiffs abandon legitimate claims instead of facing an uphill battle that can last for years. Knowing that your claim stands alongside those of a group of survivors seeking justice together can give each of you the courage and determination to continue in the face of these challenges.

2. Efficiency/Cost-Effectiveness

In many Mass Torts, the same expert evidence can demonstrate claims of negligence or breach of fiduciary duty against the defendants for multiple plaintiffs. For instance, all affected members of the Mass Tort proceeding can rely upon one medical opinion that the defendant gynecologist performed a series of hysterectomies that were not medically necessary. Procedural steps like Motions, Examinations for Discovery, Mediation, and Pre-Trial conferences can all be held collectively, which significantly streamlines the process. If necessary, the claims can be heard before a single judge and jury at trial.

3. Strength in Numbers

This is perhaps the greatest benefit to participating in a Mass Tort. While one unnecessary hysterectomy might be justified as a reasonable error in clinical judgement, twenty such “errors” is far more difficult to justify to a jury. Similarly, a series of victims tripping over the same unrepaired strip of sidewalk or being overserved to intoxication at a tavern draws attention to and reinforces the claim of each. In addition, “money talks” – especially with the insurance companies that defend these claims. The more potential exposure an insurer faces, the greater the risk, and therefore, the bigger the incentive to take the claims seriously. This incentive helps your lawyers advance the cases more effectively and contributes to advantageous settlement opportunities.

At Campisi LLP, we are proud of our litigation track record at all levels of Ontario Court, including precedent-setting victories at the Ontario Court of Appeal. Every case including every proposed class action or mass tort, is reviewed by the Campisi legal team, headed by our managing partner, Joseph Campisi – an Osgoode Hall Insurance Law professor.

Trust us to handle your class action – and rest assured that you do not pay us until it is won or settled.