Facebook Post (Ad) Calgary, CANADA

by tepidpoultry 5 Replies latest watchtower child-abuse

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  tepidpoultry

  
  
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  darkspilver

  thanks - strange though, I thought Higgerty Law got beaten?

  In Canada the law firm McPhadden Samac Tuovi Hate have already commenced a $66 million class action earlier this month:
  

  https://www.jehovahs-witness.com/topic/5919074582265856/_post/5285274177241088
  

  While in Quebec (different legal system apparently) the law firm Woods has already commenced a class action for $250,000-per-victim last month.

  https://www.jehovahs-witness.com/topic/5750716427665408/_post/6608529257398272
  

  Therefore I wonder what Higgery Law is advertising for??
  
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  OrphanCrow

  dsp: I thought Higgerty Law got beaten?

  "Got beaten"? What does that even mean?

  Please explain what you mean by that and why you think that

  thank you
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  OrphanCrow

  Darkspliver, you might find this information on how class actions unfold in Canada to be helpful:

  http://courts.findlaw.ca/article/class-action-starting-a-lawsuit-with-others/
  

  As with most laws in Canada, the law on class action lawsuits are guided by the provinces/territories. Most, but not all provinces allow class action lawsuits.

  Higgerty Law is in Alberta.

  McFadden et al is in Ontario.

  I don't know the strategy but I am sure there is a reason that two different class actions are being pursued. Location, I think, is critical. It may have something to do with this, but I dunno:

  However, a class action doesn’t exist until a judge gives the okay to go ahead. This process is called certification. Before certification can occur, the judge examines whether the action is suitable.
  The provincial legislation, the class proceedings act, will outline what the requirements and rules (also called the test) are in order for the class action to be certified. For example, in Alberta and Ontario, the test for certification is in section five, whereas in British Columbia the certification test is in section four.
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  darkspilver

  Fascinating, I'm just a lay-person, so this may be completely wrong (and not applicable to specific countries) but it seems that, and correct me again if I'm wrong....

  Yes, you can have two Class Actions for the same thing - but both made up of different Plaintiffs.

  But then the Defendant can then choose who to deal with which leads to a Class Action Reverse Auction
  

  https://www.overlawyered.com/2005/08/class-actions-the-reverse-auction/
  

  Each Class Action undercuts and reduces the settlement amount/deal in order to gain the advantage which becomes a Race to Judgment
  

  https://www.lexology.com/library/detail.aspx?g=d8fc537a-9bac-42ec-8598-810f8c2e6052
  

  It's a race as the first Class Action to reach judgment/settlement is, by res judicata, applicable to all Plaintiffs.

  In addition, the Defendent can go with the Class Action with the plaintiff/s with the weakest case/s to secure the lowest/best deal via an actual judgment that, again, by res judicata, is then applicable to all Plaintiffs.

  TL;DR - it seems that having two Class Actions for the same thing is possible, but this can work out to the Defendants advantage.
  
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  tepidpoultry

  This was the second ad October 17, 2017