Not correct about class action suits

I am a Canadian class action lawyer and former chair of the Canadian Bar Association's Class Action section. I have acted both for plaintiffs and defendants in class actions.

David Bossler wrote in his Aug. 31 letter to the editor that "in Canada, the lawyers in class action suits get paid by the plaintiff for their efforts, win or lose. The plaintiffs get the entire monetary reward and the loser pays court costs."

His comments are inaccurate. Class counsel in Canada are normally paid by contingency, just like in the U.S. If the plaintiff wins, his/her counsel gets a percentage of the award, if the plaintiff loses, his/her counsel gets nothing.

It is also misleading to say that in Canadian class actions the loser pays the court costs. In Ontario, the loser pays a small portion of the winner's legal costs. In other provinces, British Columbia for example, there is a no costs system similar to the U.S.

I believe that, in part, Bossler has confused class actions with personal injury claims. It would be unusual in either Canada or the U.S. for a class action to be brought for a doctor's negligence. A class action is brought where a large number of persons are injured by a common cause. A doctor's error is likely to cause damage to only one person.

As a Canadian, I follow the debate in the U.S. over universal health care with indifferent curiosity. I can add only this - Canadians are extremely proud of universal health care.

In 2004 a nationwide poll was held to determine who Canadians thought was the "All Time Greatest Canadian." The overwhelming winner was Tommy Douglas, the father of universal health care in Canada.

MARK MOUNTEER, Vancouver, B.C.