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View Full Version : Proposed class action filed May 5th in Federal Court



mouthpiece
05-05-2014, 06:48 PM
On May 5th a proposed class action was filed for a declaratory order that the CZ858 is not a prohibited firearm or in the alternative that all owners be compensated for loss of property. Also in any event damages for anxiety and mental distress of how this was handled and also for putative damages for the high handed way the owners have been treated . A similar action was filed on behalf of Swiss Arms owners.

Foxer
05-05-2014, 07:02 PM
Yeah! :) Go get 'em mouthpiece :)

This was necessary.

Camo tung
05-05-2014, 07:48 PM
Interesting development.

Steveo9mm
05-05-2014, 08:53 PM
http://data.whicdn.com/images/46622047/tumblr_m89rrm4i291rslg14o1_250_large.gif

blacksmithden
05-05-2014, 09:32 PM
EXCELLENT !!!!


http://www.dream-worlds.net/forum/uploads/100/CLAPPING.gif

mouthpiece
05-06-2014, 06:08 AM
Your participation is welcomed and needed. If you own a CZ858 that is affected or a Swiss Arms then your participation is asked for. There is no financial obligation to pay the legal team when you participate. How this has affected you in terms of worry and distress is needed evidence. The more owners who formally add this voices to this class action the more success there will be

To have a package sent to you contact

Edward Burlew LL.B.
16 John St
Thornhill, Ontario

L3T 1X8

Or call

1-888-GUN LOSS

Grizz Axxemann
05-06-2014, 05:49 PM
I'll be phoning tomorrow morning.

jwirecom109
05-06-2014, 06:08 PM
My Question would be; While there is a court case pending Can or Will the Government be able to (or willing to) change the Prohibition order of the CZ and Swiss?

And if it fails would that not be enough for the Government reference with the case of prohibition of these firearms to then keep the same order in place without change?

10x
05-06-2014, 07:00 PM
My Question would be; While there is a court case pending Can or Will the Government be able to (or willing to) change the Prohibition order of the CZ and Swiss?

And if it fails would that not be enough for the Government reference with the case of prohibition of these firearms to then keep the same order in place without change?

I would like to know this as well?

Foxer
05-06-2014, 07:02 PM
While there is a court case pending Can or Will the Government be able to (or willing to) change the Prohibition order of the CZ and Swiss?


Absolutely. In fact - it should be a strong motivator for them. They will lose no matter how the court case turns out, if they change the rifles back to non restricted at least half of the lawsuit vanishes right away.


And if it fails would that not be enough for the Government reference with the case of prohibition of these firearms to then keep the same order in place without change?
Not really - if they win gun owners will hate them and that'll be just before the next election or thereabouts ... the gov't will absolutely not be interested in that. They would have to take some action to prevent gun owners from turning against them.

Steveo9mm
05-06-2014, 08:35 PM
Absolutely. In fact - it should be a strong motivator for them. They will lose no matter how the court case turns out, if they change the rifles back to non restricted at least half of the lawsuit vanishes right away.


Not really - if they win gun owners will hate them and that'll be just before the next election or thereabouts ... the gov't will absolutely not be interested in that. They would have to take some action to prevent gun owners from turning against them.

So if what you are saying does happen. Its kinda like a checkmate.

Foxer
05-06-2014, 11:11 PM
So if what you are saying does happen. Its kinda like a checkmate.

Yep. If they lose, they lose. If they win they lose. THeir only hope is to forfiet the game early by eliminating the basis of the suit - namely by reversing the classification change and thus eliminating any legal need to go to court over it.

webster
05-07-2014, 05:24 AM
Excellent news. :) I'm not affected (this time around) but can I send money to help?

mouthpiece
05-07-2014, 05:49 AM
All gun owners are encouraged to assist

Satain
05-07-2014, 10:55 AM
How can I assist and how can I join this law suite?

harbl_the_cat
05-07-2014, 03:01 PM
Whoa... $20,000 per owner?

Interesting...

That's incentive enough to chip in.

http://www.sunnewsnetwork.ca/sunnews/politics/archives/2014/05/20140506-183206.html


LAWSUITS FILED AGAINST FEDS OVER CONTROVERSIAL GUN RECLASSIFICATIONS

OTTAWA -- Someone's bringing a lawsuit to a gun fight.

Actually, firearms lawyer Ed Burlew has filed two separate notices for class action suits against the federal government and the RCMP following the latter's move to reclassify two types of guns in Canada as prohibited.

Earlier this year, the RCMP decided thousands of Swiss Arms Classic Green carbines and CZ-858 semi-automatic rifles, which had been sold previously in Canada as mostly non-restricted guns should be prohibited instead. (A few of both types with short barrels were sold as restricted.)

Gun rights advocates said more than 10,000 Canadians became criminals overnight because they now possessed prohibited firearms.

An estimated 9,800 CZ-858s and 1,800 Swiss Arms carbines have been sold in Canada.

On Tuesday, Burlew said the claims ask either the guns be reverted back to their previous classification or, if the court finds them prohibited, then owners should be fairly compensated.

"These are people who have taken the safety training, they bought these guns legally, they stored them properly, and they woke up one day in February and again in March to find out they were criminals because they now owned something prohibited," Burlew said. "That's a shock."

Burlew's lawsuits also seek $10 million in punitive damages and $20,000 for each owner of the firearms in question for mental distress and anxiety, regardless of whether the court nulls the RCMP's reclassification.

"We think that a message has to be sent by the court that you cannot act this way, especially with people who have gone through special courses and followed all the rules," he added. "The thing is, it was the RCMP that said it was safe to have these guns."

When the reclassifications happened, Public Safety Minister Stephen Blaney issued a two year amnesty so owners would not face any charges, Burlew hopes the lawsuits will make the government come clean about plans beyond the amnesty.

The government has 30 days to respond.

Steveo9mm
05-07-2014, 08:25 PM
I may be contacting them shortly.

mouthpiece
05-09-2014, 08:23 PM
To participate in the action contact

Edward Burlew LL.B.
Barrister and Solicitor
16 John Street
Thornhill, Ontario
L3T 1X8

CZ858law@yahoo.ca

Toll free 1-888-486-5677

Swampdonkey
05-11-2014, 01:17 AM
How is the $20k figure arrived at? Is there a legally accepted way to quantify stress on an idividual?

mouthpiece
05-11-2014, 08:17 PM
It comes from a prior case in superior court of Ontario

Super 1
05-12-2014, 12:07 AM
Law of precidence? And were doctors notes required as evidence of this mental distress and/or anxiety in that case? Will they be in this one?

Foxer
05-12-2014, 12:20 AM
Law of precidence? And were doctors notes required as evidence of this mental distress and/or anxiety in that case? Will they be in this one?

class action suits are a little different than individual suits.

mouthpiece
05-12-2014, 07:33 AM
The case will be litigated in Court not on a web blog.

mouthpiece
05-12-2014, 07:36 AM
Discussions regarding evidence and tactics will be among those who are actively engaged in the action and then it will be subject to attorney client privilege.

This thread is for the purpose of announcing developments of significance . For instance the filing of the proposed class action is significant .

Super 1
05-12-2014, 12:56 PM
Point taken.

NewEnglander
05-23-2014, 03:52 PM
I just called and gave my info to the nice Secretary at attorney Burlew office. Everyone just call and tell them that you want to join the class action lawsuit and she will know what you are referring too. Unfortunately I think this is just the beginning of what is to come :( IF they get away with this it will help set a precedent for further restrictions. I WAS NOT EVEN AWARE OF THIS RECLASSIFICATION. I just happened to put in CZ 858 in the search engine and found this info.

Remember "All that is necessary for evil to triumph is for good men to do nothing"

Foxer
05-23-2014, 08:01 PM
Remember "All that is necessary for evil to triumph is for good men to do nothing"
Quite true.

Candychikita
06-02-2014, 12:17 PM
It's coming up to a month since this was filed - do we have any new news?

How are we doing for costs and filing fees?

topher
06-02-2014, 03:44 PM
It's coming up to a month since this was filed - do we have any new news?

How are we doing for costs and filing fees?

You thought your (r)pal came in slow... You never saw the Canadian courts move...

Sent from my SGH-I337M using Tapatalk

Candychikita
06-03-2014, 09:35 AM
From what I understood there was to be a response within 30 days of filing - filed May 5th.

As well, if there were any registration certificates revoked there could have been a challenge under S.74 of the Firearms Act within 30 days of that happening as well.

Not everything in law is slow :D :D

EDIT: If you would like to contribute, you can send a cheque to Ed Burlew in trust and indicate what action you are contributing to in the memo.

Edward Burlew LL.B.
Barrister and Solicitor
16 John Street
Thornhill, Ontario
L3T 1X8