Malibu-Jack 848 Report post Posted September 30, 2014 I am curious if the new bill could be tested via a class action lawsuit. as it seems to deliberately put Industry workers in harms way. I would be interested in professional views on this. Stay Safe all. 3 Quote Share this post Link to post Share on other sites
mrrnice2 157005 Report post Posted September 30, 2014 Good question. I REALLY wish I were a lawyer, just this one time, to be able to answer that question and so many others that I have not even heard anyone ask about yet. Quote Share this post Link to post Share on other sites
FunValerie 8573 Report post Posted October 1, 2014 I have been wondering about this issue myself. Are there any lawyers around? Valerie Quote Share this post Link to post Share on other sites
Mister T 45020 Report post Posted October 1, 2014 The bill is still in process in parliament, so it's not quite possible to challenge a Bill that's not an Act yet (modified, re-written, voted on in the House and Senate and signed by the Governor General, which makes a Bill officially an Act). I haven't heard of any bills being challenged before coming out of Parliament. Quote Share this post Link to post Share on other sites
Malibu-Jack 848 Report post Posted October 2, 2014 The bill is still in process in parliament, so it's not quite possible to challenge a Bill that's not an Act yet (modified, re-written, voted on in the House and Senate and signed by the Governor General, which makes a Bill officially an Act). I haven't heard of any bills being challenged before coming out of Parliament. Thanks Mistert. I wasn't thinking that way. But that does pose and interesting question. Would it be possible to do that. We hear of judges imposing injunctions. I don't know however. Cheers. Posted via Mobile Device Quote Share this post Link to post Share on other sites
Boomer 33202 Report post Posted October 2, 2014 My gut reaction is this probably isn't possible. I think this form of litigation is a method that many claimants can band together to recover losses. They are complex cases, that a legal firm takes on based on a contingency fee basis. I don't see where the damages come from in a suit to pay the legal team. So I guess this in essence a question of rights rather than money and as such wouldn't qualify. Quote Share this post Link to post Share on other sites
Malibu-Jack 848 Report post Posted October 8, 2014 Can you fight a law through its implementation that puts you in harms way. Possibly note a Class action but some other method?. Quote Share this post Link to post Share on other sites
Phaedrus 209521 Report post Posted October 9, 2014 Can you fight a law through its implementation that puts you in harms way. Possibly note a Class action but some other method?. If you're asking, "Can you fight a law's validity because it does some tangible harm to you which contravenes your Charter rights?" then... yes. That's exactly what the Bedford case did with the old laws, and it's exactly what'll happen to the new ones sooner or later if nothing else happens to them first. 6 Quote Share this post Link to post Share on other sites
Guest N***he**Ont**y Report post Posted November 13, 2014 Ontario could use the Not With Standing Clause of the Charter to get out of enforcing that law. Wishful thinking. Quote Share this post Link to post Share on other sites
Midnite-Energies 110563 Report post Posted November 13, 2014 Provincial Premiere's can take a stand, if they choose, and send this law to the SCC to determine constitutionality. There is a writing campaign in place focused on Ontario and British Columbia however everyone is being encouraged to write to their own provincial premiere as well to request this happen. There are also a number of groups in legal discussions about class action suits and "next steps" so just because this bill is becoming law does not mean the fight is over or that people have given up. This is a time to regroup, temporarily adapt, and plan a course of action that will be successful. As was said, remember all this when it's time to decide what our next government will look like. Quote Share this post Link to post Share on other sites
oldblueeyez 15475 Report post Posted December 7, 2014 If the new law dramatically reduces business for the ladies, wouldn't it be something if they all got together and sued for lost income? Ha ha, wishful thinking I know. And now I'm wondering, why isn't sex addiction treated as other addictions, and us addicts provided the equivalent of "safe injection sites"?! :P 1 Quote Share this post Link to post Share on other sites
