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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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My husband grew up in gagetown newbrunswick. He didnt know

Customer Question

My husband grew up in gagetown newbrunswick. He didnt know about a class action regarding testing of agent orange during his youth. He has esophageal cancer. Does he have any recourse for compensation. All his siblings received compensation.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Tom B. replied 1 year ago.

Hi

I think I just answered a question with your husband about this an hour ago.

Please consult with him.

Tom

Customer: replied 1 year ago.
My husband did not contact you. Please answer my question. It must have just been a freakish coincidence.
Expert:  Tom B. replied 1 year ago.

A strange coincidence indeed. Basically, each party is being told to lay their own separate claims. Here is one news story...

http://www.cbc.ca/news/canada/new-brunswick/cfb-gagetown-agent-orange-victims-urged-to-seek-compensation-1.2874785

Here is a briefing note from the law firm that started the class action......

http://www.merchantlaw.com/class-actions/current-class-actions/agent-orange-agent-purple-class-action

Despite the apparent failure of the law suit to reach everyone, people can still attempt to make claims but the first law firm cannot serve any further clients in the matter probably due to conflicts. So, the first step is to contact personal injury lawyers. Most offer free consultations but still shop around as their percentage fees vary.

There is an election going on so don't be shy raising the issue with politicians as well.

It could be that there are law firms taking on these matters for other people. This could result in a cost savings.

A class action is not necessary if there are several plaintiffs with the same facts. It still means potentially that all trials could be heard at the same time even if it is not officially a class action.

Of course there will be a need for medical evidence that links the cancer to its probable cause. Again, a law firm dealing with other victims probably already have experts such as doctors who can provide such evidence.

Call some major firms and see if anyone knows who is working on these files now. Even the first law firm may be able to refer you. They may be a good place to start.

Cheers,

Tom

Expert:  Tom B. replied 1 year ago.

Do you need more info?

If not, please rate my answer well.

Cheers,

Tom

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