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Pointer v Saskatchewan Government Insurance and Cindy Roming

Background:
Christopher Pointer filed a proposed class action against Saskatchewan Government Insurance (SGI) and Cindy Roming, alleging failure to assess unscheduled permanent impairments as required by Saskatchewan's Automobile Accident Insurance Act (AAIA). He sought certification of the class action to represent individuals in motor vehicle accidents since 1995 who applied for no-fault benefits.

Legal Issues:
Pointer alleged misfeasance in public office and institutional breach of duties of utmost good faith and fair dealing. The claims focused on SGI’s alleged operational decision to ignore unscheduled impairments, including chronic pain and psychological conditions, and directives issued by Roming. The court analyzed whether Pointer met the certification criteria under The Class Actions Act, including identifiable class, common issues, and preferable procedure.

Key Findings:
The court found that Pointer did not establish an identifiable class, as no evidence of other class members was provided. The proposed class was overly broad, and Pointer lacked the understanding to serve as a representative plaintiff. The litigation plan was also deemed inadequate.

Outcome:
The court denied the application for certification, leaving the matter as a regular individual lawsuit. No costs or awards were specified in favor of the defendants at this stage, but the court allowed parties to address costs separately.

Christopher Pointer
Law Firm / Organization
The Barrister Group
Saskatchewan Government Insurance
Law Firm / Organization
Miller Thomson LLP
Cindy Roming
Law Firm / Organization
Miller Thomson LLP
Court of King's Bench for Saskatchewan
QBG-SA-00058-2021
Class actions
Not specified/Unspecified
Defendant