Vioxx

We are taking steps which follow the certification of the Vioxx Class Action for Canada. An order was made by Mr. Justice Cullity in February 2010 after the finalization of the dismissal by the Courts of the final appeals from the certification granted by the court.

We reviewed each of our files and letters were sent by mail to all of our clients (except in Quebec and Saskatchewan) advising that of a June 30, 2010 deadline for the receipt of any and all forms opting out of the class action. Most clients responded and we sent opt-out forms to the class action administrator.  Where the person has opted out they are required to proceed with an individual claim in court which would not be limited to the amounts for class action settlement once reached. An individual case would carry with it the risk of what outcome will be reached in their case.  There is also a risk for the person claiming to be responsible for paying Merck’s legal costs in the event their claim is not successful.  Those who stay in the class action will have no responsibility for any legal costs but if and when the class action settles they would be required to accept an amount determined by a formula for compensation in the class action as approved by the Court.

If you chose to stay in the Class Action we will continue to represent you and do the necessary work to see that you receive the maximum entitlement under the circumstances of your case for any future settlement.  The cases we recommended for opting out are ones with more serious heart attack or stroke injuries, work disability and loss of income, significant regular Vioxx use (including use at the time of the event) and fewest other cardiac risk or other negative factors (eg. smoking, family or personal medical history, age, weight).  For those cases there will be close scrutiny by Merck and its lawyers of the strength of the case, so that a claim that may end up paid through the class action may not be strong enough to succeed on an individual basis.  We are preparing court claims for the individual cases and it is not known how far those cases will go individually in the court process before they are resolved. There have been no significant developments to report this summer yet…

For now:

1. Please send us a note by mail, fax or email to confirm all of your current contact information unless you have done so recently and there is no change. Do not put personal information into comments you may wish to make here at our website. The postings are available for anyone to see.

2.  Please send us any prescription records or other documentation of Vioxx use that you have not already sent us.

3.  Please send us any updates as to medical or work disability condition changes from before and any new health issues related or not.

4.  Please send us any Death Certificate, Will, or Estate Probate documentation you have not sent us before if the Vioxx user is deceased. We will need to get instructions from the Estate Executor if there is one. Be aware that family members are bound by the decision of the injured party and can not split claims between the class action and outside of the class action.  Families should begin to discuss this and come to a decision together.

5.  We welcome general questions or comments which will be posted at this website. For ANY specific personal case questions call our office or email: miskinlaw@yahoo.com

WE HAVE BEEN WAITING A LONG TIME FOR THIS STAGE IN THE VIOXX CLASS ACTION CLAIM.  THIS DOES NOT MEAN THERE IS ANY SETTLEMENT BUT WE HAVE MOVED A STEP CLOSER TO RESOLVING CANADIAN VIOXX CLAIMS. THANKS TO THOSE WHO HAVE RETURNED THEIR ELECTION FORMS.

We are now in the second half of July 2010 and the busy spring market for real estate is over.  In fact the slowdown occurred early with statistics showing reduced sales for June. It had been busy all through Fall and Winter and people have been nervous entering summer in anticipation of HST and higher interest rates.  Banks  made small downward adjustments in long term rates but Canada’s official interest rate rose .25% in June and another .25% on July 20.  That should maintain a degree of market interest as people try to buy while they can get low interest mortgages.  The major banks began to raise longer term mortgage rates during the last week of March and again in mid April as the long term bond rate went up due to speculation of higher rates coming.  Most people were expecting that the official Bank of Canada interest rate would begin to rise June 1st and soon after but these were small adjustments from a rate close to zero.  There is good reason to hold rates low for now when problems in Europe and concern over restraint in China have hurt the Canadian dollar and commodity prices for minerals and oil which are so important to Canada’s economic performance.  This continuing world recession will slow pressure for rate increases in Canada. High interest rates would help raise the Canadian dollar above the US dollar and hurt the Canadian manufacturing sector which is the main part of Ontario’s economy.  With oil prices generally on the rise and concerns about the danger of offshore drilling in the US, we can expect the Canadian dollar to rise to dangerous levels due to higher valuation of Canadian tar sands oil reserves even without an interest rate increase over the next several months. Much of the real estate activity has been driven by fear of more increases in interest rates.  People want to lock into a long term mortgage while rates are still fairly low.

The real estate market was hot in our local areas of Pickering, Ajax and Whitby and other popular places in the City of Toronto.  The mild weather and absence of snow in Southern Ontario certainly helped keep the market alive in the winter and give an early start to the cottage market.  This busy winter market was unprecedented and the big question now is what will happen after the current market summer slow down.  Recent developments have shown that the economic crisis is far from over and unemployment is a very serious concern and could get worse so the recovery is a fragile one.   July 9th statistics gave a false positive reading to employment in Ontario by including temporary jobs created by the G8 and G20 meetings and the pre-HST boom. While technically the recession was over by the end of 2009 the recovery remains questionable. There is a huge Government deficit both Federal and Provincial which will take many years or major Government spending cutbacks to repay once the effort is made. Right now interest rates remain at historic lows and incentives for first time buyers have brought new buyers to the real estate market. From September 2008 there was a severe slow down in real estate sales which continued until about May in the spring of 2009. There was a rush to be ahead of the Ontario HST which adds 8% provincial sales tax to the GST of new home purchases (over $400,000), all real estate commissions and all legal fees which started in July 2010.  Utility and fuel costs have risen because of the HST. Higher taxes associated with home ownership, purchase and sale have already slowed the market. The 905, 519 and 705 areas are significantly benefiting from the City of Toronto’s Land Transfer Tax which adds considerable cost to a home purchase in Toronto  (except for first time buyers).
The auto sector is doing reasonably well now and jobs have been preserved at GM and Chrysler who were in bankruptcy situations. Ford has remained strong, their sales are solid and they are keeping most Ontario plants open. In Oshawa people at GM are working overtime and extra shifts to build new Camaros.  Impala production in Oshawa has been renewed along with new Cadillac models and the made in Oshawa Camaro continues to be produced below demand levels.  GM is benefiting greatly from increased sales in the growing market of China. Toyota’s vehicle problems have helped GM as well and GM is now actually making a profit.  Even if there are a few small increases in mortgage rates the real estate market in Ontario is likely to continue in its strength.  The February 16 announcement by Canada’s Finance Minister Jim Flaherty of tighter rules for qualification for an insured high ratio mortgage have made a greater than originally expected impact on the market and not just by keeping borderline qualified buyers out of the market. With the rise in long term interest rates the new rules force home buyers to qualify for a mortgage at the high 5 year posted fixed rate even if they are selecting a discount, variable or lower short term rate. Many who can easily afford to buy a home are not qualifying because of the requirement that they qualify for the highest rate mortgage now offered.  All of these factors combined should lead to a stable but slow market for the remainder of 2010 and into 2011. Right now it is definitely a buyers’ market.

Condominium sales remain strong and fear of there being too many new ones being built is unfounded as condominiums reflect a lifestyle change which is beginning to extend to the baby boomers. There has been little activity in the cottage market for two seasons but we predict a busier cottage season this year but no boom.  Lower priced cottages have been selling as have those with price drops.  Reasonable pricing is the key as the market has many cottage options in Ontario with a wide range of prices. The best cottage investments would be properties close to the GTA where the drive is not too far.  Buyers for all types of properties need to be cautious of overpaying and need to think of the future when they may have to renew large mortgages at a higher interest rate.

I predict that the Ontario, Canada real estate market will remain slightly positive through 2011 despite the HST and a rise in interest rates.  Canadians always seem to adjust quickly to new taxes. I do expect a slowdown but no “crash”. Most home buyers now are locking into longer term mortgage rates that are much higher than short term rates.  I believe you will save if you get a lower variable rate now as I predict any rise in rates will not be as large as the current spread between long term and variable rates. What you do depends on your willingness to take risk and how important certainty is to your budgeting.

Miskin Law Offices are ready to assist you in home sales, purchase and mortgaging from our conveniently located Whitby and Peterborough locations. We handle the legal work and help you make decisions at no extra cost if you seek our advice. Our main office in downtown Whitby on Brock St. just north of Mary St. has free parking.  Our Peterborough office near the Lift Lock, in Time Square at Hunter and Armour also has free parking for our clients.   Both Murray Miskin and our main real estate staff member, law clerk Arlene Nicholson, now live in Peterborough and are regularly at the Peterborough office in addition to being in Whitby most days. We will accommodate your needs when it is time to come in for your real estate transaction. Our fees are highly competitive and we are happy to explain them to you. Our standard fee is presently $650 on a purchase and $550 on a sale (plus GST and expenses).   We do not recommend closing a purchase and sale on the same day.  You will save much trouble plus moving costs if you close your purchase ahead of your sale. Bridge financing is very inexpensive too.  Beware lawyers who quote a fixed price because there are almost always extra costs involved in the form of expenses such as registration charges and taxes. Almost always our price will be lower or we will agree to match the advertised fixed or “all inclusive” price of other lawyers. Very few lawyers can beat our personal service and reasonable cost for the legal work involved in real estate transactions. As part of our service we will review an offer before it is signed or made firm,  for our clients’ protection with no extra charge. Call Arlene at our office, Extension 119, with your questions.

Alternative Dispute Resolution - ADR - It works!

Alternative Dispute Resolution known as A.D.R. is a process of settling or deciding disputes outside of the traditional courtroom where a decision is made by a judge and/ or a jury.  A mediator works to help bring the parties to their own agreement. The mediator helps the parties communicate and is usually the one who delivers offers and counter-offers to each party. Usually mediators avoid giving advice or making recommendations, but instead try to help each party see the other side’s point of view and the strengths and weaknesses of each side’s case.

An Arbitrator is a private judge who decides the issues in dispute based on evidence and the law as it applies to the dispute. This may or may not require a formal hearing and evidence to be called through witnesses. Arbitration is a process with flexible rules where the parties can agree on an efficient way to get evidence to the arbitrator to form the basis for a decision resolving the dispute.  This can be very informal, efficient and different than court proceedings. It is a type of A.D.R. that is used when settlement can not be achieved and someone is needed to make a decision.  Within arbitration there are opportunities for negotiation, mediation and settlement.  We believe that most disputes can be resolved by agreement with the help of an independent facilitator who mediates between the parties or otherwise assists.  When you can not settle it is often preferable to have your dispute decided by a qualified and independent arbitrator rather than going to court. Arbitration is a more private process which can be quicker than court with less chance for appeal after the decision is made. An expert arbitrator with qualifications in a field relevant to the issues of the case is better equipped to decide a technical dispute than a judge.

For disputes between people and companies in different countries International Arbitration is generally better than court due to distrust of foreign courts and the better ability to enforce international arbitration awards under international agreements. We offer mediation, arbitration and other A.D.R. services in Canada and internationally.  Murray Miskin is well known as an arbitrator, trainer of arbitrators since 1985,and as a mediator. Murray has conducted a wide range of commercial arbitrations. Most of Murray’s mediation work relates to personal injury claims where he has expertise from his experience as a personal injury lawyer. Visit our website page with Murray’s C.V. for further details of qualifications and experience. Email miskinlaw@yahoo.com to inquire about our services. Check at http://adrweb.ca to see an availability schedule and for more information on Murray and other ADR professionals.

Asbestos is a mineral that has been used as an insulating and fireproofing material for many years in a great number of products and in many buildings.  It has been mined in various parts of the world including Quebec.  It has been known for many years that asbestos is dangerous especially when fibres are inhaled and get into the lungs. There are serious long term consequences of exposure to asbestos.  Some of the most serious ones have only recently started to commonly appear.  The diseases include asbestosis, certain forms of lung cancer and the condition of mesothelioma.  Mesothelioma is a cancer of the lining (known as the mesothelium) of the lungs or another organ. Mesothelioma can develop 30-50 years after even just a little exposure to asbestos.  Mesothelioma was once thought to be very rare but now it is appearing more commonly. Mesothelioma can only be caused by asbestos and maximum compensation is available for this horrific and generally fatal disease.

The very serious diseases affect people who have worked with asbestos, had loose fibres in their workplace (even from or after asbestos removal) and people who have been exposed by their family members who may have come home from a hard days work with asbestos on their bodies or their clothes.  We have worked on tragic cases where children of parents exposed to asbestos have developed Mesothelioma and can be compensated.

Asbestos Compensation is Available

If a loved one has developed one of these conditions and is seriously ill or has died due to asbestos exposure it can be proven with medical records.  Doctors should be able to confirm causation by asbestos when the diagnosis is made. A biopsy is most effective. Compensation is available for Canadians from a number of U.S. trusts set up for that purpose.  This compensation is only open to people who live in Canada and the United States. To maximize compensation we need to know the source of exposure to asbestos for us to determine which manufacturers were involved and where claims may be placed. If a person has died from asbestos illness a number of years ago the available claims are limited by the delay in proceeding.

We do not handle claims related to removal of asbestos from homes or other properties nor do we sue employers for asbestos exposure or illness. We also do not take on cases involving fear of possible asbestos illness. We only handle cases involving people who have serious asbestos illness.

Contact Miskin Law Offices

Contact the Miskin Law Offices in Ontario for information on making a claim.  Email murray@adrworks.com or call 416-492-0989 from the Toronto area or toll free 877-428-8000 from elsewhere in Canada. You can have us as your lawyers here in Canada and get compensation from the trusts set up to pay claims on behalf of the former asbestos manufacturers in the United States.

We are working closely in partnership with experienced reputable lawyers from the Locks Law Firm in Philadelphia to ensure that Canadians get fair compensation equal to what is available to Americans payable in US dollars. Usually, we determine the source of asbestos exposure to maximize the available compensation funds.   There has to be significant illness, not just fear of future illness to make a successful claim. Cases are handled with contingency fee agreements which include a one third fee shared by the lawyers involved on your behalf.  That means you pay nothing until and unless money is received for your claims.  Settlements are in US dollars, which vary in value when converted to Canadian dollars. We include the tax in our share of the one third contingency fee so you will not pay any PST, GST or HST.

Often we can get clients compensation from more than one settlement. We make sure to try all relevant asbestos trusts to maximize compensation.  Eligibility for multiple trust compensation is dependent on the source of the asbestos exposure. The more details you have on the source of asbestos and specific asbestos products the more sources of compensation there are.  We are starting to see some large cheques come in for our clients and faster processing of claims. If you are not eligible for Worker’s Compensation we can get you compensation so long as we can prove asbestos to be the cause of an illness or if there is a Mesothelioma diagnosit.  With confirmed Mesothelioma that is not a problem.  The right to bring a claim may be taken away or reduced by receipt of or application for Workers Compensation Benefits so do let us know details of any WCB or WSIB claims made when you first contact us. The Boards have brought U.S. claims for a number of Canadians through American law firms and where that is done we can not bring a claim. Sometimes we need consent from the Workers Compensation Board or from the employer who in some situations pays the benefits, before we can proceed. Compensation Boards keep all of the money that they recover from U.S. claims as reimbursement for what they paid to the injured worker and only pay the worker or their family the excess amount if there is any. We are consulting with the Compensation Boards in different provinces to ensure that our clients actually receive maximum compensation from all sources. In some Provinces Workers’ Compensation Boards have allowed us to proceed directly for clients with claims to the asbestos funds where the Boards have rights to make those claims. Persons receiving benefits from Alberta Workers Compensation do not have any right to make a separate claim for compensation.

We are the leading firm representing Canadians in every province and territory injured by the drug Vioxx, and Murray Miskin has been a lawyer in Ontario practicing personal injury law for over 30 years.  Our experience including national claims experience gives us an edge in representing Canadians on asbestos claims. Murray Miskin has been familiar with asbestos and asbestos products since childhood as his father Nat Miskin was a Toronto plumber who worked with asbestos.  Murray’s first work with Canadian asbestos injury claims was in 1979 at the Phelan, O’Brien law firm as soon as he finished law school. We are settling asbestos claims now and getting compensation for our clients.  These are not lawsuits in court but are applications to compensation funds done with paper work and no personal appearances by clients. We will treat you and your family with compassion and get you results without added stress or work on your part. If you have documentation of the medical condition and information on asbestos exposure that helps us get results more quickly. There is no advance fee or financial retainer required and there is no risk to the client. The lawyers are only paid from the funds collected with a contingency fee of one third of the recovery split between the lawyers working on the claim.

You may call our office 1-877-428-8000 and speak with Anna at Extension 118, Christine at Extension 112 or Murray at Extension 111 about your situation.  For a speedy response email details to Murray Miskin directly: miskinlaw@yahoo.com

Last Will and Testament

The Miskin Law Office prepares Wills and Powers of Attorney for individuals in Ontario, Canada. This is done after a first meeting with a lawyer and the client to assess a client’s situation and needs in order to best meet the individual requirements and wishes of the client.  The purpose is to simplify future estate issues to ensure a smooth transition of assets which will reduce the need for future legal services and also plan for reducing taxes payable after death.  We encourage clients to prepare wills that do not lead to family disputes which can ruin relationships and cost a lot of money.  Where there already is an estate dispute we work with clients to resolve the issues sensibly and avoid costly court proceedings.  If there is a dispute mediation is a big part of our law firm’s range of services and we represent clients in Estate Mediation. Murray Miskin also acts as mediator in estate disputes. Estate litigation can be very costly and time consuming and we usually refer complex or unresolvable disputes to lawyers who specialize in such litigation. The best thing is to avoid disputes with properly prepared legal documents. A Will is a document that you can sign with your binding instructions as to who will receive your assets after your death. It names an Estate Trustee (formerly known as Executor) whose responsibility after your death is to manage the estate in accordance with your wishes. You may also propose guardians for your underage children and indicate preferred funeral arrangements in your will. We often prepare specialized wills for people who have children with disabilities or special needs. Until your death the will may be revoked or changed so long as you are mentally competent. Minor changes can be done by Codicils which cost less than a new will. Wills should be redone immediately on a marriage break up. If you do not have a valid will the law determines what happens to your estate without consideration of your preferences.  This may be fine for many families where there are no common law relationships.  If you are living common law or there are children of prior relationships involved it would be wise to obtain legal advice immediately. A Power of Attorney for property is a document you can sign which gives power only in your lifetime over your assets to another person whom you may designate. That authority may be set up to be effective any time or only if you become incapacitated. It may be restricted to dealing with or not dealing with certain matters. You may have more than one person designated so both or either may sign for you. You may name alternates and specify whether the attorney has a right to be paid for what they do. It does not take away your own rights to sign on your own behalf.   A Power of Attorney is a critical document to have should you ever become totally incapacitated or suffer a loss of mental competence.  A Power of Attorney expires on your death.

You may also sign a separate  Power of Attorney for Personal Care where you authorize another person  (again with an alternate) to make health care choices for you when you are unable to do so yourself. This is sometimes called a Living Will. In it you may state your preferences on treatment issues and life support questions.  Many people who want these documents prepared have strong opinions on the possible choices their doctors and family members will have should they become sick to the point where they may have no hope of recovery and may become a burden on others.  Some people do not want their next of kin to decide what to do but instead they may have  a close friend they wish to involve in decisions.  You may also name a doctor or type of doctor you wish to have assess you and give advice when critical decisions must be made.

We strongly emphasize the need to use a lawyer to prepare any of the above document to ensure it is valid and does what you want it to do.  Cheap Will and Power Attorney kits are available but pose a serious danger, in that, what you prepare will be invalid unless properly done following strict legal requirements.   For the money you save doing it by yourself it is not worth the risk.  In preparing these documents we always have a lawyer meet with you for as long as necessary to advise you and take careful instructions to make sure the document prepared is what you want it to be. We generally bill and expect payment by cash, cheque, Interac or credit card at the first meeting.  It is important to have a fully qualified and experienced lawyer discuss your intentions with you to ensure that the will is done properly.  We do not believe it is sufficient to give instructions to a member of the lawyer’s staff in a meeting or by phone.  It is important that the lawyer assess capacity issues at a meeting to prevent future disputes of wills. We sometimes require clients to get a doctor’s note on capacity ahead of signing a will. At a later meeting the documents are signed in accordance with Ontario legal requirements with the lawyer present to oversee, explain the document and discuss any last minute changes.  In cases of complicated wills with unusual provisions or special requirements due to personal circumstances we may charge extra and we will let you know and decide how to proceed at our no cost or obligation meeting in advance of actual will preparation.

Our usual fees (including basic planning for the estate and including disbursements) are set out below with 13% HST added to any fee: Wills: one will $250, a pair for $400
Codicils: fee for one is $100, $150 for a pair
Power of Attorney: one document of each type is $150, a pair of each type are $250

The above fees are discounted when multiple documents are prepared.  Clients pay the fee on a first meeting to discuss wills and then the documents are reviewed and signed on a second visit. WE ENCOURAGE YOU TO GET YOUR WILL DONE SOON. NOBODY KNOWS WHEN THEIR WILL IS GOING TO BE NEEDED OR WHEN THEY MAY LOSE CAPACITY TO SIGN A WILL OR POWER OF ATTORNEY.

Some clients require personalized estate planning for their special situations.  We may refer you to accountants or other experts to help with planning. This will cost a little extra but probably save later costs in taxes paid by the estate and provide more structured plans for future generations to preserve wealth.  We can assist you with up to date information about recent changes in tax structures.  Please call and make an appointment for Estate Planning.  The first meeting is free and with no obligation.Plan carefully for the next generation.

The Centennial Building (Former Whitby Courthouse)

The main area of practice of  Miskin law offices is civil litigation, which is basically law suits involving claims for money.  Murray Miskin  has over 30 years of experience acting for parties claiming in civil cases brought in the Ontario Courts.  Our work is mainly in the Ontario’s Superior Court of Justice in bringing civil claims for money damages.  We do not handle Small Claims Court cases. Litigation is an expensive process and so if you hire us to defend a law suit you will be billed regularly at hourly rates. Law suits of under $10,000 are handled by the Small Claims Court where lawyers are not necessary. In 2010 that increased to $25,000.  In our experience small claims are not economically handled with lawyers involved and we do not generally act in Small Claims Court. Often insurance is available to cover claims that may be brought against you and we will, when consulted, look into that. If you wish to bring a claim we usually bill when we recover money in the claim.  Most of our clients are regular people, without a lot of money, who can not afford the luxury of litigation. Sometimes litigation is a necessity. When it is appropriate we will advise you  to settle and how to keep costs under control during the process. While we are a small community firm, most of our litigation is fought against the largest law firms in Canada and we do not hesitate to take on a difficult claim we believe to be reasonable and just.
CONTINGENCY FEES AND CLASS ACTIONS:
More often than defending law suits we act on behalf of individuals and small business people suing to collect money due to them. Often we can arrange to collect our fee from the proceeds of the law suit when it is complete.  In personal injury cases we normally do not charge a fee until a successful recovery is made on our clients’ behalf.  This means anyone with a good personal injury claim with significant damages can come to us and not be restricted by lack of financial resources.  Sometimes this approach may not be appropriate in risky cases where we do not believe success is assured. Usually we will advise clients not to proceed with high risk claims which may end up costing more than they can achieve. We ask clients to pay the expenses of a law suit we bring on their behalf through retainers from time to time as needed and if they are able to pay.  For large cases involving many people with a claim against one company or individual who has harmed many or the maker of a particular harmful product such as the drugs Vioxx, Bextra, Yaz, Yasmin or Asbestos injury we work exclusively on contingency fee.  These cases involve all risk and expenses being with the lawyer who bears the risk of carrying a speculative case.  For this type of case known as Mass Tort Litigation  we are now charging contingency fees of one third of recovery which we share with other lawyers working with us.  Contingency fees are now legal in Ontario and regulated by the Law Society of Upper Canada. Feel free to arrange a no cost and no obligation appointment to discuss litigation matters before you proceed.  Our first free consultation will be for as much time as necessary to understand and provide an opinion on the case and is not necessarily the usual first half hour as many lawyers offer.  We are frequently consulted by individuals including lawyers for second opinions on law suits which are in progress or to review settlement proposals.
SETTLEMENT OR TRIAL:
Usually it is better to settle on the best terms rather than go through the stress, expense and often years it takes to get a case to trial.  Trial results are uncertain and there is much risk involved especially where there is a jury.  Court rules related to costs and offers make the risk much higher to the point where few cases actually go to trial.  When it appears appropriate we encourage settlement through negotiation or mediation.  When settlement can not be achieved we consider the alternative process of arbitration which is usually cheaper, faster and less uncertain than court. Some cases just can not settle out of court and when that happens, we, unlike some litigation  lawyers, are not afraid to take a case to trial even if it is risky.  Insurers and their lawyers know that we do not back down when claims are denied and usually we can find a reasonable settlement. Our  good reputation is based on years of litigation including considerable trial experience, positive client results, knowledge of the court system and the persistence which does lead us sometimes to trial and to the Ontario Court of Appeal.
Murray H. Miskin
Murray Miskin is widely recognized as a Canadian pioneer in the field of Alternative Dispute Resolution both for mediation and arbitration.  He is recognized by the legal profession nationally through a leadership role in the Canadian Bar Association (CBA), and for his expertise in the fields of Insurance law, Civil Litigation and Alternative Dispute Resolution. Murray served for two years as Chair of the CBA’s National Sections Council and was on the CBA Board of Directors and Finance Committee from 2007-2009.  Through his long involvement with the Association of Trial Lawyers of America (now called the American Association for Justice or AAJ) Murray is well known among U.S. personal injury lawyers. He interacts regularly with the AAJ leadership and is regularly contacted for advice on Canadian law and referrals from American lawyers. He also belongs to the Inter American Bar Association (IABA) where he also works with lawyers in Central and South America.

Michelle E. Brown

Our Associate lawyer Michelle Brown is a member of AAJ and is active in the AAJ’s minority caucus. Our lawyers belong to, and are both active in the Canadian Bar Association and its provincial branch the Ontario Bar Association, the Ontario Trial Lawyers Association, the Durham Region Law Association and the Advocates Society.

Put our experience and network of contacts to work for you.
If you wish to consult us on a litigation matter please call the office to arrange a telephone initial case review and then schedule an appointment for a free first meeting to discuss your case in detail.

In Canada all claimants (outside of Quebec and Saskatchewan) had to decide before June 30, 2010 whether to accept the class action as the basis for their compensation or to opt out and seek compensation based on their individual case. We advised each of our clients and guided them through that decision making process.  Read our article at this website titled: “Attention Vioxx Clients”. If you have a serious Vioxx injury (to yourself or a family member) you need legal advice right away and should have a lawyer to represent you and help you decide what to do.  If you are represented by another law firm you should have checked by now with that law firm about your options and their advice for your claim. If you have done nothing you are part of the Class Action and will have to accept the compensation that it may or may not give you.  If you opted out by the June 30 deadline you may get more compensation depending on your case but you also will face a greater risk.

At some point a business decision will be made by Merck to settle claims outside the US, and Canada may or may not be early on Merck’s settlement agenda.  Merck can not be forced to settle and the road to trial is still a long one. Extreme patience is still required. The following paragraphs set out the history of the Vioxx case for Canadians until now:

Vioxx was a very popular, profitable and highly promoted anti-inflammatory drug manufactured by Merck and rushed to market in 1999 to compete with Pfizer’s similar drug Celebrex. When evidence, originally suppressed by Merck, came out about cardiac dangers the drug was recalled from the market September 30, 2004. At that time our firm sought out individual clients to make claims against Merck. Many of these claims are for fatal incidents where we represent the families of Vioxx users who died after using the drug. Across Canada a number of “class action” claims were issued by lawyers. Most of those lawyers who each act for a “representative plaintiff” are united in a national coalition with the primary court proceedings in Toronto, Ontario. We have worked with the class action lawyers to assist in showing the strength of the claims by Canadians related to Vioxx, but our focus has been on individual clients rather than participating directly in the class action Court proceedings in Canada. Claims were brought for some of our clients in the New Jersey court but those claims were not allowed to continue as a term for settlement of American claims.
Claims against the manufacturer Merck were disputed hotly and there were mixed trial results in the United States before a settlement was reached. Some cases were in the US Federal Court and some were tried in individual state courts. There are a number of unusual situations which were not considered when the American settlement was agreed upon and there is some fine tuning to do before it is completed. This stage is likely to end before settlements in Canada and other countries will be considered by Merck. There has been a settlement this year of an American class action case to reimburse those who paid for Vioxx prescriptions but that does not affect individual injury claims. In the United States injury claims are not dealt with by class action. The Canadian class action in Ontario for people injured by Vioxx use was certified in 2008 but that was delayed by appeal in Ontario and to the Supreme Court of Canada until late 2009. Merck continues efforts to delay the proceedings until they are ready to talk. We expect to be in direct talks with Merck when that time comes. We are hoping this will still happen this year, 2010 and we are continuing our work towards that with our file preparation. With Merck there are a huge number of claims all over the world and the first three years after recall of the drug were ones where Merck denied any responsibility for the effects of Vioxx. This denial remains in effect in Canada but can not logically continue as U.S. cases settle. Recently, in Australia,  Merck lost the first Vioxx trial outside of the United States. We are still looking at pursuing individual settlements for many of our clients with others being part of a class action settlement. We will again be contacting each of our clients when it looks like there will be a Canadian settlement. To date there have been no developments related to possible Canadian settlement and our approaches to the company have been rejected as premature. An appeal of class action certification was finally dismissed.  On October 22 the Supreme Court of Canada put an end to Merck’s attempt to stall the class action due to inter-provincial conflict and confirmed the rejection of a separate Saskatchewan national claim by that province’s appeal court.  The Ontario Divisional Court finally decided to dismiss Merck’s last appeal and deny further leave (permission) to Appeal in a December 7th decision by Madam Justice Denise Bellamy. That decision was not reported in the news and there is still little general knowledge that certification appeals are over.  On February 10, 2010 Mr. Justice Cullity updated the procedural orders related to the certified class action and we now have until June 30 to deliver notices for individual claims opting out of the class action.  This order was formally issued by the Court on March 5, 2010.  Only one newspaper notice was ordered to be given which was in the Globe and Mail newspaper February 27, 2010.  Most people with claims still have no idea that the Class Action is proceeding and that an important decision must be made and filed for individual cases by the end of June 2010.

We are working on our own strategy for settlement and for the procedure for advancing individual claims now that the class action certification is complete.  The lawyers for Merck in Canada appear to have clear instructions to simply continue to focus on delaying the class action proceedings in court for now.  We are proceeding with several cases opted out of the class action and are working on issuing court claims in several provinces. Some of our discussions and our strategy mut be kept confidential as this website is accessible to anyone. You may still contact our firm for representation now if you believe you have a Vioxx injury claim for yourself or a family member. Murray Miskin, July 1,2010

A QUOTE: “We try to remember that medicine is for the patient. We try never to forget that medicine is for the people. It is not for the profits. The profits follow, and if we have remembered that, they have never failed to appear. The better we have remembered it, the larger they have been.” George W. Merck II (1935)

Yaz and Yasmin are dangerous

Yasmin® and Yaz® are two similar birth control products that Bayer manufactures, markets, and distributes containing a fourth-generation progestin called drospirenone.  These leading products have been found to have very serious adverse affects and we caution women to study that carefully before beginning use of them.  The products are marketed by Bayer to young women as effective and as having other benefits like helping with mild depression and acne control as well.

Yaz and Yasmin can cause dehydration in the body which causes an increase in the potassium levels (hyperkalemia) and a decrease in the sodium levels (hyponatremia) in the body.  As potassium acts as a key control in cardiac rhythm, this imbalance can cause hyperkalemia arrhythmias, which, in turn can cause blood clots and thrombotic events such as stroke or deep vein thrombosis, pulmonary embolism, or heart attack. Dehydration is also a risk factor for kidney stones and gallbladder disease.
While other birth control pills can cause thrombotic events, the cause of those effects are from the estrogen side of the equation. The thrombotic effects of Yaz and Yasmin are from the progesterin side. While it has long been accepted that high estrogen levels can cause these adverse events, Yaz/Yasmin/Ocella have been marketed as having low estrogen levels, thereby having a lower risk for thrombotic events. There have been several studies that have called this into question.

Our firm now has clients with serious injuries and we are involved in court class action proceedings related to Yaz and Yasmin. Most of our clients have gall bladder issues but some have blood clots and cardiac problems.  A great number of individual court cases are proceeding in the United States and our firm has been retained in Canada to represent Canadians across the country with problems from these drugs.  We are working to get maximum compensation for each of our clients  with the class action and in separate law suits and  possibly in the US courts.  If you believe that you have suffered harm from Yaz or Yasmin contact Murray Miskin directly by email to miskinlaw@yahoo.com or call Anna at Extension 118 at our office.  We will send you our detailed questionnaire and assess whether you have a case once we have your detailed answers back. If we think you have a case we will represent you on a contingency fee basis so there will be no expense or risk to you.

People can be injured without car damage.

1. Any car accident is a traumatic event.  The first thing to do is make sure that you and everyone in your vehicle is okay and that there is no danger of fire or explosion that would make it necessary to immediately exit the vehicle.  If someone is unconscious or disoriented try to keep them awake until medical help arrives.  If there is no apparent danger of fire or explosion injured people should remain in the vehicle. If a person has difficulty moving it may cause further injury to move them without adequate precaution. This is particularly true for neck injury. Call 911 from a cell phone unless help is already there (or you are certain it is on the way) and report any suspected injuries and other needs.

2.  Identify the other vehicles immediately by making a note of the license plates. This is important in case someone leaves the scene before police arrive.  You should always have a pen and paper in your vehicle to write down information. If you have a camera of any type use it to take photos of the cars, people involved and the accident scene. Exchange information with the other drivers including vehicle ownership and insurance policy numbers.  Get contact information for witnesses on the scene. Do enquire into the well being of others involved and show your sympathy for the other people involved even if you are angry or believe them to be at fault. Avoid expressing hostility towards persons you believe to be at fault. If you are at fault you can say you are sorry it happened but do not explicitly admit fault for the accident. Your insurance company will deal with that issue if claims are made against you.  Do not argue with police if you are charged or if they fail to charge someone else you believe should be charged.  If you are charged consider your options during the time limit provided on the ticket.  A guilty plea is considered an admission that can be used against you in a civil case and a conviction will affect your insurance rates and driver’s license.

3.  If injured seek medical attention as soon as you know you have any injury. Injuries felt as minor on the scene can get much worse over the next 24-48 hours.  Many people do not notice any injury until hours or even a day after the accident.  Go to a Hospital Emergency ward, a walk in clinic or your family doctor as soon as you can. Do not wait more than a day to see your family doctor.  If you can not be seen soon by your own doctor go to a walk-in clinic or hospital emergency department and then see your own doctor as soon as you can. When you first seek medical attention be sure to mention the accident and what happened to you in it. You will likely be asked about seat belt use with your answer recorded.  If you were not wearing a seat belt your damages entitlement is likely to be reduced. Be ready for questions about seat belt use, vehicle speed, airbags and any alcohol or drug consumption.

4. Report the accident to your own insurance company as soon as possible after getting necessary medical attention and if you have a broker call them first and they will assist you in reporting and dealing with the claim.  Look to your own insurance company to deal with damage to your vehicle and to provide “No Fault Accident Benefits”.  Ask for a set of no fault benefit claim forms for every person in your vehicle who was injured including children who appear to have minor injuries. If a person in the vehicle has their own auto insurance personally or in their immediate family they apply to their own insurer for no fault benefits.  If it is not your vehicle involved in the accident contact your own personal insurance company about the benefits.  DO NOT CONTACT THE AT FAULT DRIVER’S INSURANCE COMPANY OR MAKE ANY STATEMENT TO THEM IF THEY CONTACT YOU.  Obviously if you believe you are at fault you should contact your own insurer and let them know truthfully what happened in detail. You have a duty to fully co-operate with your own insurance company.

5.  If there is serious injury known to you get legal advice soon after the day of the accident. If you are going to make a claim for injury compensation a lawyer will not require money in advance to make a claim for you. Most lawyers work on contingency fee basis where they charge a percentage of what they get for you. You need not worry about whether you can afford a lawyer. You should not have to pay for a first legal consultation to get advice. There are time limits for making claims so do not delay thinking you will get better.  Be aware of the time limits and make sure a lawyer will preserve your rights by filing a claim if appropriate. If a claim is made against the at fault driver interest runs on the claim from the date of notice.

6.  No fault benefits pay for loss of income a tax free benefit up to $400 per week. That limit and other limits of benefits could be higher if you have optional coverage. If you are losing significantly more than your benefit entitlement see a lawyer to get compensation from the at fault driver’s insurer.  No fault benefits also pay any “reasonable” medical expenses not paid for by Government health insurance or any extended health coverage that you have. The system is complicated so do not be afraid to ask for legal advice.  Get a brochure from your insurer explaining what no fault benefits cover along with the accident benefit claim forms.  In cases of very severe injury a person may qualify for greater and longer term no fault benefits if they are found to have “catastrophic injury”. If that is suspected get legal advice on that rather than just accept what your insurer offers regardless of fault for the accident.

7.  If a family member is killed in the accident no fault benefits pays for funeral expenses plus a death benefit, and there may be other claims available so it is a good idea to get legal advice early.

8.  If the at fault driver has no insurance you can make claims against your own insurer based on the fault of the uninsured driver.  This is also true where the at fault driver is unknown (leaves the scene) or does not have sufficient insurance coverage. Your policy includes this coverage.  You should consult a lawyer about this.

9.  If you are a pedestrian or bicyclist you are entitled to no fault benefits from your own auto insurer or if you do not have one (or one for your household) the insurer of the vehicle that hit you.  See a lawyer regarding injuries in these situations.

10.  If you are from outside Ontario and you are injured in an Ontario accident or you are from Ontario and injured in another province or outside the country contact Miskin Law Offices who often deal with these complex cases.

11.  If you are a passenger in a vehicle (even your own) and a friend or family member is driving and at fault you do have a right to claim from the insurance company for damages for personal injury under the liability coverage.

By definition an umpire is an arbitrator

Murray Miskin has been the principal trainer of non-labour arbitrators in Ontario, Canada since 1985. He teaches a 40 hour course certified by the ADR Institute of Ontario which has been the standard for qualification of arbitrators in this province. The course is usually taught with week night evening classes in Toronto. The last course began April 22, 2008 and ended on June 3rd, 2008. Registration had been open for the next course which was scheduled to take place in early 2009 but the course has continued to be postponed due to Nancy Miskin’s health issues. There was no 2009 course and the next course will likely be in spring 2011 but is not scheduled. We will post full details and open registration at this site once the course dates are set.

FAQs answered: You do not need to be a lawyer or have any pre-requisite training to take this course, it is not required that you attend every class to pass the course but you should not miss a weekend class, the content is applicable outside Ontario but is mostly based on Ontario laws which are similar to those of other Canadian jurisdictions, payment of the full balance of course fee need not be made at the time of registration and payment arrangements can be made, access to classes is easy by car or subway, no this is not labour arbitration but it will be discussed, yes there is work for Arbitrators, and no there is not much homework or requirement to spend much time working on the course outside of classes. It is a 40 hour course meeting Ontario and national standards for arbitrator certification. An ADR Institute Certificate is provided to each student after graduation with no additional charge.

introduction:

The Comprehensive Arbitration Training Course as taught by Murray Miskin is the standard in Ontario for non-labour Arbitrator training. The course began in January 1985 organized by the University of Toronto School of Continuing Studies and the Arbitrators’ Institute of Ontario. That organization then consisted mainly of engineers and others involved in the construction industry. The course originally was called Arbitration II and it was an advanced course of 25 hours instruction taught by Murray Miskin and offered to lawyers and experienced non-lawyer arbitrators. Others who wanted to take the course were required to take an introductory course of 25 hours instruction taught by Howard Levitt and later by Genevieve Chornenki called Arbitration I which provided basic legal and arbitration background. Arbitration II was taught by Murray Miskin until the spring of 1997 and was the course seen as qualifying persons to act as arbitrators in Ontario. That course was accepted in the late 1980’s as the Canadian model for such training. In 1997 the Institute which had grown much larger and become the Arbitration and Mediation Institute of Ontario changed the course structure to be more like the structure of its Mediator training with more practical exercises and small group activities. Murray Miskin continued teaching the new combined 40 hour course which replaced both Arbitration I and II. As the course included the Arbitration I requirements there was no set prerequisite for entry. This course attempts to strike a delicate balance between the needs of lawyers training to be arbitrators or counsel at arbitration and those of other professionals wanting arbitration training who also require legal procedure background that most lawyers already possess. Even experienced litigation lawyers taking the course have commented positively on their learning experience in legal procedure and the benefits of discussion of issues by a group which includes both legal and non-legal perspectives. The course has been enriched by the added small group exercises in negotiation of arbitration agreements, challenging potential bias in an arbitrator and strategizing on a party’s behalf. The process of making a decision and backing it up with reasons is carefully explained. The highlight of the course continues to be a full arbitration hearing of a fire insurance claim defended on the basis of possible arson by the factory owner. The Arbitration and Mediation Institute changed its name to the ADR Institute of Ontario a few years ago and continues its approval and certification of this course.

COURSE REQUIREMENTS – IS THIS ARBITRATION COURSE FOR YOU?

There is no specific pre-requisite for taking this course. Usually almost half of the students are lawyers with most of the rest being professionals or business people. Many students are accountants, engineers, architects or real estate brokers and appraisers. Many students are people who have retired or hope to retire but still earn good income from occasional work where they can apply the skills and experiences developed in their careers. Some of our students have been able to obtain jobs and even judicial appointments with this course being a qualifying factor. Many people are looking for a career change and arbitration may be a path to take if you have the right background or contacts to give you a reasonable chance of being selected as arbitrator Construction disputes are generally resolved by arbitration rather than court as are commercial lease renewal rent and other disputes. Ontario’s new condominium law took away the right to sue for disputes so that if mediation can not settle a dispute arbitration is the next step. There are many other areas where arbitration is becoming the primary method of resolving disputes which can not settle by mediation or other means. Please call directly to Murray Miskin at 905-428-8000 Extension 111 to discuss whether the course is right for you. The course is also of great assistance as a skill and confidence builder for non-lawyer Mediators who require more legal training. For mediators who are not lawyers the course gives the legal background and understanding of civil justice geared to the ADR process which is required to become a roster mediator of the Ontario Courts. Special attention is given to the Courts of Justice Act and the Rules of Civil Procedure. Lawyers benefit by gaining an understanding of how non-lawyers deal with legal issues and situations which makes them better communicators. The classes, which mix lawyers and non-lawyers and people from vastly different backgrounds as students, challenges each student to take a different approach than they normally do in dealing with others.