Archive for the ‘News’ Category

Serious Motorcycle Injury Testimonial

Wednesday, January 14th, 2009

I was involved in a collision when I was riding my motorcycle on McKnight Blvd. when a car, which had been traveling in the lane beside me, made a right hand turn directly in front of my path of travel, causing a collision.  Upon impact I was thrown from my motorcycle, hit my left knee on the car, flew over the hood and into the air for about 8 feet before landing on the pavement on my left side.

I am a 39 year old man who was working as a warehouse supervisor at the time of the collision.  I sustained multiple fractures to my pelvis and left hip, several fractures to my lumbar spine, sprains to both ankles, a left knee ligament injury and a broken toe.

I required pelvic reconstruction and was hospitalized for 8 weeks.  Upon discharge I wore a knee splint, was on blood thinning medication and used a wheelchair.  Over time I used a walker, crutches and then a cane.  I received extensive physiotherapy for three years.  I developed depression.

Upon my discharge from hospital, I retained Cuming & Gillespie to represent me in my legal action against the insurance company of the at-fault driver.  I knew that my injuries were serious, permanent and would affect my livelihood and quality of life.  I knew I needed to retain highly competent legal counsel.

They represented me very well and helped me through the litigation process each step of the way and responded to my inquiries in a timely and informative manner.

I was unable to return to work and had to find alternate employment.  I will have to undergo several surgeries in the future to my hip and knee.

My claim was settled after I participated in a private mediation with the adjuster and the lawyer who represented the insurance company.   I felt that my concerns were heard through-out this process.  I was very pleased with the amount of compensation I received  –  it will replace income I will lose and will cover the cost of future medical treatment.

I highly recommend Cuming & Gillespie for anyone who is seriously injured and wants highly capable legal counsel.
C. J.

Sexual Assault Testimonial

Monday, January 12th, 2009

For 12 years I had the unfortunate experience of being in a lawsuit case for sexual assaults upon me as a child. The attorney I had at the time did a very poor job of representing my case and in the end my case was dismissed without my knowledge. However, the Alberta Law Society did step up to acknowledge the negligence of my lawyer at that time.

I was very fortunate to find representation with Craig Gillespie. He did an exceptional job! He was very sensitive to my feelings about the nature of my case and conducted his research thoroughly. I highly recommend Craig to represent you on these types of cases as he is compassionate, understanding and ethical. He is honest, straight forward and stays with the facts. Craig’s determination and efficiency at getting my case resolved was his priority and he knew how to manage his time. He is not the type of lawyer who wants to drag things out and that was very important to me. Within less than one year I was compensated and was able to have closure with the legal system on this matter.

I wish Craig all the best in his career. His support and compassion will never be forgotten. For many people who suffer these unfortunate experiences I want them to all know that finding the right attorney to represent you is not easy. But you would be making the right choice to have Craig Gillespie represent you as he truly understands you and the sensitivity of the situation. His experience with these types of cases is also highly beneficial.

Craig, thank-you for helping me to get some closure on this matter.

W. B.

Cuming & Gillespie Lawyers Pursue Medtronic Class Action

Monday, January 5th, 2009

Cuming & Gillespie Lawyers are very pleased to announce that our firm is currently locating and assisting Alberta claimants in the Medtronic medical devices national class action. We currently require an Alberta Health care number and other various information in order to properly assess claims for damages for both individuals and Estates of deceased individuals. Additionally, Alberta Health will be bringing forth a claim through the litigation to recover their health care costs

For further information, please contact our office directly.

Calgary Health Region Staff Blamed in Death of Child

Friday, October 17th, 2008

Calgary Health Region staff provided a young leukemia patient with the wrong blood type during nearly two months of transfusions, a wrongful death lawsuit claims.

The lawsuit, filed on behalf of the survivors of nine-year-old Seemeen Dhanani, says the treatment error caused or contributed to the young girl’s death two years ago.

The claim, a copy of which was obtained yesterday by the Sun, said Seemeen was given a series of transfusions following an Aug. 23, 2006, stem-cell transplant.

The procedure at Alberta Children’s Hospital used a blood type A+ graft, while Seemeen’s blood type was B+, the claim, filed Wednesday by lawyers Gavin Price and Craig Gillespie, says.

“The differing blood type of the graft, compared to Seemeen’s blood type … was an expected part of the stem-cell transplant procedure and ought to have been manageable,” the lawsuit states…

Read the full article from the Calgary Sun here
http://calsun.canoe.ca/News/Alberta/2008/10/17/7116421-sun.html

Client Update re HMS Financial

Friday, October 10th, 2008

McLENNAN ROSS LLP / CUMING GILLESPIE LAWYERS

We are very pleased to report that on October 10, 2008 we received the decision from Justice Rooke certifying our action as a Class Action as well as dismissing, with some minor qualifications, the applications by the defendant Banks to strike the action against them. We see this as a major success in the action.

What does certification of the action mean? Certification is the first critical step in a Class Action lawsuit. It is what turns a regular action on behalf of only the representative plaintiffs who filed the Statement of Claim, into an action on behalf of all of the innocent investors in the HMS Scheme. This will require the Defendants to evaluate the risk against them. The claim is now a much bigger amount, as it is on behalf of the whole Plaintiff class rather than two or three individual plaintiffs. There is the possibility that the defendants, or some of the defendants, could appeal the decision. But certification of the action means that we can now begin the process of regular litigation, including exchange of documents between the parties as well as Examinations for Discovery of the major defendants in the litigation.

We thank you all for your patience. We understand how slow litigation can seem, especially in cases this complicated and involving so many parties. We ask that you continue to be patient, as, while the litigation will now be able to move forward, the next steps can still be time consuming and slow moving.

We will continue to update you with any news if there is anything to update you with. But please remember that we ask that you please not call or e-mail for updates. It is very time consuming and expensive for us to deal with clients seeking individual updates, so please understand that if you do not receive an update for several months, this means that there is nothing newsworthy to share with you.

Thank you for your understanding.

Yours truly,

Lynn Dechaine (for Graham McLennan)
Paralegal - Litigation
McLennan Ross LLP
Toll Free: 1-800-567-9200
Direct Line: (780) 482-9281
Fax: (780) 482-9100

Guidant Class Action

Monday, August 4th, 2008

Cuming & Gillespie Lawyers is proud to announce that Justice Cullity of the Ontario Superior Court of Justice has appointed our co-counsel group, led by Won J. Kim of Kim Orr LLP, and James Newand of Lerners LLP as lead counsel in the Canadian national class action claim. Cuming & Gillespie Lawyers are proud to be Alberta counsel for this matter and we are excited to proceed with seeking certification of a national class action comprising all persons implanted with Guidant Pace Maker and Defibrillator devices throughout Canada.

Cuming & Gillespie Lawyers is proud to announce we have joined the national counsel team led by Won J. Kim of Kim Orr LLP in Toronto in the proposed national class action regarding Guidant Defibrillators.

A similar claim in the U.S. resolved on a global basis for approximately $214,000,000.00.

Should you have any inquiries with respect to Guidant Defibrillator claims please contact James Cuming of Cuming & Gillespie Lawyers.

National Medtronic Class Action Certification

Wednesday, July 30th, 2008

Cuming & Gillespie Lawyers, and our class action partners, Kim Orr, Lerners, Rochon Genova (and others) are very, very pleased to announce that Justice Hoy of the Ontario Superior Court of Justice has declared a certified national class in the case of Peter et al v. Medtronic of Canada.

This matter will now move forward to the notice stage, and then potentially proceed to a trial on the merits of the claim.

The certification was successful in that it was determined there was an identifiable class, the class members have common issues, a national class action was the preferable procedure and, for the first time in Canadian class action jurisprudence history in a pharmaceutical action a waiver of tort was granted to the Plaintiff class. This means that if the Plaintiffs are successful in their class action they will be able to disgorge profits from the Defendant Manufacturer on the conclusion of the claim.

For further inquiries with respect to the Medtronic claim please contact James Cuming of Cuming & Gillespie Lawyers.

The July 2008 Reporter - Cuming & Gillespie Lawyers Newsletter

Tuesday, July 15th, 2008

The latest version of our firm’s newsletter - The Reporter is available here.

May 2, 2008 - Vioxx Case Update

Friday, May 2nd, 2008

The national certification hearing on Vioxx is now set for June 24-27 in Toronto, Canada.

Payday Loan Firms Under Scrutiny

Tuesday, April 22nd, 2008

Kelly Cryderman, Calgary Herald
Published: Sunday, April 20, 2008

Minutes after paying $60 in fees for a $300 loan, Terry Hartley just shrugs.
“This one’s not bad,” Hartley, 47, says of the interest on the week-long loan. “It’s not cheap, but it’s better than some of them.”
Hartley, a courier who earns about $600 a week said he’s recently declared bankruptcy — fallout from his divorce and “wasting money.” He has a bank account, but no line of credit.
Two weeks ago, he fell behind on some bills and had to go for an advance at a payday loan company on Macleod Trail.
“You can only get half of what your paycheque is,” he said.
One week later, Hartley went back. This time to take out a loan to pay off almost all of the first loan, which he didn’t have the money to pay off.
The cost of two weeks grace: another $60.
“That’s more or less all it is — convenience,” Hartley said, shrugging once more, adding he hopes he won’t have to get a cash advance again this year.
When a borrower like Hartley takes out another loan to cover the first, with new fees, it’s termed a “rollover” in the payday loan industry. Rollovers have been banned by larger payday loan companies, as they trap some borrowers in a cycle of loans.
Alongside other provinces, the Alberta government is now grappling with rollovers and other contentious issues as it debates how to properly police the rapidly growing payday loan industry. This week will see the end of consultations on new regulations for the industry.
While there has been little attention paid by people not intimately involved, it will be no easy task for the government to come up with rules that please both businesses and consumer advocates.
Some see payday loan companies as shady exploiters of the poor and desperate, or those with bad credit. Others say they provide a much-needed service that banks and credit unions won’t touch, in part due to the high number of defaults on loans.
“The payday loan industry is one that evokes strong opinions from both sides,” said Brock Ketcham, who is leading the Alberta government’s review of the industry in the consumer services branch.
The people who use payday loans are charged $20 to $50 for every $100 they borrow to tide them over until payday. Money Mart, the Cash Store, Western Cash Mart or EZ Cash Advance and numerous others are all firms that provide small, short-term loans with high interest-rates and fees that in some instances add up to 1,000 per cent or more, if calculated on an annual basis.
Whether it be rising consumer costs or an increasingly willing attitude when it comes to taking on debt, Canadians have not shied away from using services offered by the payday loan companies
From just a handful of stores in the early 1990s, Canada now has at least 1,350 payday loan outlets, with more than 250 of those storefronts in Alberta.
“All you have to do is compare a Yellow Pages today with one three or four years ago, and you would see there’s a very significant rise in the number of outlets,” Ketcham said.
The province itself has a strong connection to the industry. The Canadian payday loan industry has its longest histories in B.C. and Alberta, and the two largest providers in the country — Money Mart and Cash Store Financial (formerly known as Rentcash Inc.) — both were founded in Edmonton.
(page 1 of 3) - full article is available here.

Excerpt posted for your convenience from Canada.com, no copyright or ownership of this article is claimed by cuminggillespie.com. The full article is available here.