News & Events

Disasters In Your Backyard

On August 10, 2008, a series of explosions and a fire took place in Toronto, Ontario. These explosions occurred at a propane facility. The explosions and fire caused thousands of people to evacuate their homes and millions of dollars in property damage.

On June 23, 2012, a large segment of parking deck collapsed at the Algo Centre Mall in Elliot Lake, Ontario. A large mass of wreckage came crashing down through two floors of the shopping centre. 2 people were killed and 20 people were injured.

These types of disasters seem to be happening with ever greater frequency. If you or a loved one is affected by a disaster, what are your legal rights?

In general, there are two ways that a person affected by a disaster can proceed to try to recover compensation for their losses. Individuals can retain a lawyer and directly sue the at-fault person or corporation for their individual losses. Alternatively, a group of individuals can commence a class action lawsuit. The advantage to a class action lawsuit is that a large group of people with smaller claims are able to pursue their claims, even if the individual claims are rather small.

However, it is often considered a disadvantage to bring a class action lawsuit if your damages are substantially higher than the rest of the class. The concern is that you will be undercompensated if you are just one claim amongst thousands that are dividing up a lump sum settlement on a proportional basis.