• BRUCE W. LEMER, Class Action, Insurance, Commercial-Professional Negligence, Products Liability Lawyer
  Vancouver, BC Canada
  
  
• 2007 Class Action Update - Merrill Lynch & Currency Exchange Fees

Bruce W. Lemer

• Mr. Lemer was called to the bar in 1982.
• Mr. Lemer was plaintiff's co-counsel in Endean vs. Canadian Red Cross and others, ... a class action on behalf of individuals infected with hepatitis C through blood transfusions, which resulted in the largest class action settlement in Canadian history.
• He has extensive experience in complex litigation, having acted for numerous individuals in products liability and professional negligence claims against governments, blood products manufacturers and the Canadian Red Cross for infection with HIV and hepatitis C through blood transfusions and blood products.
• He has successfully represented plaintiffs in negligence claims against stockbrokers and brokerage firms, physicians and highway maintenance bodies (for accidents caused by inadequate winter maintenance procedures).
• He has appeared on numerous occasions in the British Columbia Supreme Court, the BC Court of Appeal, and courts in Alberta and Ontario.
• 2007 CLASS ACTION NEWS
  
  the Merrill Lynch Currency Exchange Law Suit - Certified as Class Action
  "BC court approves suit against Merrill Lynch Canada 2006-12-28 19:20:00 VANCOUVER (CP) - A   B.C. Supreme Court judge has approved a class action lawsuit against Merrill Lynch Canada over claims the investment house made secret profits on foreign currency exchange rates charged for securities transactions.
  
  Investor ... alleges Merrill Lynch did not disclose to its clients in the 1990s that it was charging a spread ....... [on] trades involving mostly U.S.-denominated foreign securities destined for Canadian-dollar accounts." [cited from www.canoe.ca, references also in GlobeandMail.com December 2006 News Articles]
  Contact Bruce Lemer, plaintiffs' counsel, for more information at
  blemer@gkn.ca
  
  
• In 2005 he is plaintiffs' counsel in:
  • a proposed class action against Telus Communications "... alleging it is deceiving its cellular customers about Telus Mobility's practice of charging airtime for incoming calls even before their phones start ringing... in contravention of the Business Practices and Consumer Protection Act and the Trade Practice Act..." [quote The Vancouver Sun, Wed. Mar. 09, 2005 - Business Section p.D5, article by Gillian Shaw]

• In 2003 he is plaintiffs' counsel in:
  • a proposed class action against brokerage firms with respect to allegedly improper charges made to clients for currency exchange transactions;
  • a proposed class action against a drug manufacturer with respect to allegedly inappropriate actions taken to raise the price of a drug;
  • a proposed class action against a individuals and a financial institution for involvement in an alleged scheme to defraud hundreds of investors in real estate developments.
• Personal Injury & ICBC Injuries Claims:  Mr. Lemer has also successfuly represented plaintiffs and defendants in a wide range of personal injury cases, including those dealing with quadriplegia, brain injuries, serious orthopedic injuries and death claims.
• Publications and Articles by Mr. Lemer include:
  • He was the former yearly update author of the chapter on I.C.B.C. (Insurance Corp. of BC) no-fault benefits in the Motor Vehicle Claims Manual ( a publication of the Continuing Legal Education Society of BC, 1999-2003 )
  • Strict Products Liability:  The problem of improperly designed products ( Osgoode Hall Law Journal, 1982 )
  • Dealing With Claimants and Insureds ( in Insurance Law, CLE, 1989 )
  • Practice Points for a Personal Injury Discovery ( in Personal Injury Trials: Techniques and Tactics, CLE, 1989 )
  • Pollution Coverage Under C.G.L. and Automobile Policies ( in Pollution and Contamination Insurance Claims, CLE, 1990 )

Bruce W. Lemer, Associate Counsel · Trial Lawyer
GRANT KOVACS NORELL
Barristers & Solicitors
400 - 900 Howe St.
Vancouver, BC  V6Z 2M4
Tel:  604-609-6699
Email:  blemer@gkn.ca

Reference Articles on BC Class Actions

• see introduction article on Class Action law in BC
• see Class Action FAQ's (Frequently Asked Questions and Answers)
  • How to start a class action?
    
    
  • What are the requirements for certification to become a class action?
    
    
  • What are the requirements for a representative plaintiff?
    
    
  • What are the considerations for certification of a class action?
    
    
• see also - online copy of BC Class Actions Legislation-Act Class Proceeding Act RSBC 1996 from Copyright © 2003: Queen's Printer, Victoria, British Columbia, Canada

• for Toronto, Ontario law firms known for their class action work see
  Toronto Directory of Lawyers

Other BC Class Actions in News & Updates

• In early 2009 the proposed certification of the case against the University of B.C. outlined below was refused by the BC Court.
• In 2005 lawyer Sandy Kovacs, of Grant Kovacs & Norell skovacs@gkn.ca , worked on proposed class action law suit against UBC Fertility Endocrine Clinic, Division of Reproductive Endocrinology & Infertility, Dept. of Obstetrics and Gynaecology, Faculty of Medicine, Vancouver Hospital & Health Sciences Centre for the loss of (frozen) sperm deposit samples.

Contact:  Mr. Sandy Kovacs,
of Grant Kovacs Norell, Barristers & Solicitors
400 - 900 Howe St.
Vancouver, BC  V6Z 2M4
Tel:   604-609-6699
Email:  skovacs@gkn.ca

The following is quoted from The Ubyssey University of BC UBC Student Newspaper Oct.15, 2003 http://www.ubyssey.bc.ca/issue.shtml?/20031015/this.shtml

UBC fails to keep its cool When the power went out in May 2002 at the UBC Obstetrics and Gynecology department at the Vancouver Hospital more than a little food was spoiled -- the department lost the sperm samples of 150 men.

It was not until December 2002 that UBC sent out letters informing people of the lost sperm, but no reason for the delay was provided.

H.L., a client who underwent radiation treatment for skin cancer and was rendered sterile, initiated a lawsuit against the university when he heard the news.

Since his story was first covered by the media, L's lawyer, Sandy Kovacs, has been contacted by a number of other people who also lost sperm.

Other stories include that of a man who donated his sperm because he suffered from a brain tumour.  His wife wanted the sperm saved so that after the death of her husband she would still be able to have his child.

Kovacs is now planning on expanding the lawsuit into a class-action suit against UBC.

The university is planning on fighting the suit.  Potential clients are required to sign a waiver that says "the best efforts" would be made to preserve the sperm, but no guarantees are given.

According to Scott Macrae, director of public affairs for UBC, the department did not know that there were issues regarding the power supply where the sperm was kept.

Once the power went out in May however, the university moved to deal with the problem.

The above directly quoted from web site below www.ubyssey.bc.ca/issue.shtml?/20031015/this.shtml