Will she get $500 million or not? what can she get?
well, as someone posted, she filed a class action lawsuit, that is she has filed the lawsuit on behalf of other Albertans who were injured from these manipulations since 1998. So she is not suing for $500 million for herself. In fact, if she wins (and a big "if" here), the amount she will be get will be much lower than this figure.
Firstly, before there is any talk of liability, negligence, damages and cash award, the court will have to decide whether to certify her action as a class action or not. The Court decides if the action warrants class proceedings. The court will look at many factors, and the defence will put in their submissions, probably that this is just an individual claim and doesn't warrant class action certification. The first thing is whether a class proceeding is the appropriate action to take, or should claims be made by each individual suing by themselves?
Secondly, if the Court does certify it as a class action, then they will have determine if indeed these manipulations caused her injury, and if so, can and did they cause others.
If this case does get certified (i doubt it), then the Court will have to determine what are the damages (it is not $500 million or nothing, it can be anywhere in between), and how many patients are entitled. After the plaintiff's lawyers get their fee (millions here), the class will divide up the remaining amount. Of course, at any time before a Court rules (if it even gets to trial), the sides can agree to a settlement.
If this case doesn't get thrown out as I have my doubts as to whether it should be a class action or not, then this will be a very long long legal battle and a costly one, as I don't see the Alberta Govt or the Chiropractors agreeing to settle.
