Learning Stories
by
Mario deSantis
mariodesantis@hotmail.com
“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, and free to choose those who shall govern my country.” - -The Rt. Hon. John Diefenbaker, Canadian Bill of Rights, 1960
“The whole judicial system is at issue, it's worth more than one person.”--Serge Kujawa, Saskatchewan Crown Prosecutor, 1991
“The system is not more worth than one person's rights.”--Mario deSantis, 2002
Ensign Stories © Mario deSantis and Ensign
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It was a great day for the advancement of individual rights in Saskatchewan when last Thursday, Justice Irving Goldenberg refused to drop Dr. David Cassidy from Dr. Emma Bartfay's suit(1). Dr. Cassidy conducted a botched study of no fault insurance in Saskatchewan and Dr. Bartfay quit in the middle of the study saying that Cassidy tried to force her to fudge the data. Under no fault insurance injured people cannot sue for pain and suffering. As a result of Justice Goldenberg's decision, Dr. Cassidy will have to disclose his contracts with the Saskatchewan Government Insurance (SGI) and he will have to answer questions on the circumstances of Dr. Bartfay's dismissal from the University of Saskatchewan. Dr. Cassidy not only manipulated data to support the results SGI wanted, but he showed his copycat approach to researches by basing his results on the previous outdated Quebec study on no fault insurance and on the positive psychology that injured people recover their health faster if they focus on getting better rather than suing for pain and suffering. The Quebec study didn't conduct any original research, as a matter of fact it was just a compendium of different researches; and the positive psychology movement has been disclaimed by recent researches(2), in fact "little data supports the idea that a positive attitude enhances health(3)." In the light of Tort Reform laws which diminish the people's right to sue for punitive damages(4), I find Justice Goldenberg's decision a small but significant step towards the betterment of the justice system in supporting individual rights and eventually in reestablishing punitive damages in wrongful dismissals. Punitive damages are not compensatory damages, they are exemplary damages and they tell employers that their callous, malicious, and in Dr. Bartfay's case socially unacceptable behaviors in dismissing employees are not going to be tolerated. And the importance of punitive damages is becoming more relevant today when our no fault authorities are the perpetrators of such despicable behaviors References/endnotes General reference for no fault insurance Coalition Against No Fault In Saskatchewan http://www.angelfire.com/nf/coalitionagainstnf/ 1. Saskatoon man still stuck in lawsuit, CBC Saskatchewan http://www.sask.cbc.ca/ Web Posted | Aug 24 2000 8:39 PM EDT 2. CTV Canada AM, August 17, 2000. The guest was Dr. Barbara Held, Clinical Psychologist and Author of "Stop Smiling, Start Kvetching." She can be reached at 207-725-3639. If you would like to obtain written transcripts you can call 1-800-663-3607 or video transcripts at (416) 332-7389. 3. Seeing Pessimism's Place in a Smiley-Faced World, by ERICA GOODE, NY TIMES, August 15, 2000 4. A trend in Tort Reform laws: No-fault, no individual freedom and no responsibility, by Mario deSantis and reviewed by James deSantis, August 14, 2000 additional references:
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