Archive for June 7th, 2011

The premise sounds ridiculous, but maybe there’s more to it after all.  This quote from moose collision class action lawyer Ches Crosbie sums it up:

Six months ago when we launched this class action, most people in the province thought that we were a bit crazy.

Count most observers from outside the province as sharing that sentiment.  In two previous less-than-scholarly posts, I mocked the idea of a class action seeking relief against the government of Newfoundland and Labrador on behalf of people injured in car collisions with moose.  See entries dated October 19, 2010, Danger! Moose Crossing, and January 12, 2011, Moose Collision Litigation: The Wave of the Future in Canadian Class Actions?  

I stand corrected.

According to Sue Bailey of The Canadian Press, the trial judge has decided to certify the moose collision case as a class action.  In fact, the case for certification was evidently so compelling that the main concern raised by the judge was whether the limitation to persons hospitalized as a result of moose collisions made the class too narrow.  The judge has reportedly asked the parties to consider whether the class definition should be expanded.

According to the article, the government did not resist the motion to certify the class, so perhaps it decided it would be better to take on the moose collision issue once and for all in a single case rather than having to face a flood of individual moose collision lawsuits.  Whatever the reason, it looks like the issue of whether the province was negligent in its introduction of moose and its management of the species after introduction is moving toward a decision on the merits.

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