Should you sue? Advice from class-action lawyers

The Supreme Court of Canada is seen in Ottawa on Oct. 11, 2018. (Justin Tang / The Canadian Press)

Got injured using a new medical device? Did a grocery store product make you sick? Bought a defective plumbing tool that caused major damage to your home?

Linda Visser, partner in the class-action group at Siskinds Law Firm in London, Ont., says she'd be careful of buying certain products such as toys, pharmaceutical drugs and medical devices.

Jeff Orenstein, an attorney with the class-action law firm Consumer Law Group, which has offices in Montreal and Ottawa, says he would be wary of some items, such as those that claim to be "all-natural," “chemical-free" and “organic.”

CTVNews.ca asked the lawyers about consumer rights and what buyers should do when things go wrong. Here's what they said.

If consumers fall ill after using a product or service, Orenstein says, they should see a doctor as soon as possible or, in emergencies, call 911.

"After this, document your situation and file a complaint with the company," Orenstein said in an email to CTVNews.ca. "If you do not get satisfaction, file a complaint with your province’s Consumer Protection Office. And lastly, contact a lawyer. ... to see if your case is viable."

Visser advises people keep records of any expenses or losses they've incurred as a result of using a product or service, including out-of-pocket expenses and time off work.

If it's a serious medical issue, she says to keep track of symptoms and side effects, the name of the hospital you were admitted to and how long you stayed there.

"Because if there is legal action, we'd have to go back and get medical records, so keeping track of those types of things can be helpful."

Consumer rights

As for what rights buyers have, a few factors can make a difference, the lawyers said.

"Their rights kind of depend on nature of wrong and who they bought it from and what went wrong in what way, so it's hard to (give) a blanket statement of, 'This is what you should know about your rights," Visser said. "But I think that consumers do have rights, and if they have questions about a product that hasn't lived up to the promises or caused them to get ill, then they should contact a lawyer who can give them advice about that."

Consumer protection offices and the Better Business Bureau are free resources to help consumers understand their rights, Orenstein said.

Consumers can file actions in small claims court without hiring a lawyer to sue for damages that range from $15,000 to $35,000, depending on the province, he added.

Purchasing from foreign companies

Enforcing judgments for class-action claims is more complex, difficult and expensive if the company is in China or another foreign country, Visser said. However, it is usually straightfoward for U.S. companies.

Criteria for claims

When determining whether the case will lead to a suit, Visser said, the claim should be sizeable enough in terms of damages and the number of people affected that it makes sense economically to pursue.

For the recent class-action on cantaloupes tainted with salmonella, she said, several hundred people out of the more than 1,500 who contacted her firm fell ill.

The Public Health Agency of Canada reported that seven died in December from the large outbreak linked to Malichita- and Rudy-brand cantaloupes.

"There's strength in numbers in these types of cases," she said, noting Siskinds is surveying the claims in this case before it seeks certification from the court to proceed and publishes a public notice about it.