Class action against former UNB psychiatrist withdrawn, mass-tort lawsuit coming, says lawyer

Lawyers have discontinueda class-action lawsuit alleging sexual assault by a former University of New Brunswick psychiatrist toward his patientsand say they'll instead file a mass-tort lawsuit.

During a case management conference in Fredericton Court of King's Bench Tuesday afternoon, lawyer Mike Dull requested a class-action lawsuit naming Dr. ManojBhargava and UNB be withdrawn.

Representing the class members, Dull said he was originally scheduled to make submissions to have the class suitcertified, but instead wishedto abandon that request.

"It's not a reflection of how we feel about the merits of the allegations, but rather, it comes about on our full reflection of whether a class proceeding is the preferable procedure in which to advance those merits," Dull said.

Lawyers present for Bhargavaand UNBconsented to the class action being withdrawn.

Bhargava and UNB were originally named in thelawsuitfiled in April 2021.

It alleged that while he worked as a psychiatrist at UNB Fredericton's Student Health Centre, he touched patients' breasts whilechecking their blood pressure andheart rate.

The class-action lawsuit also alleged that UNBdidn't take appropriate steps to ensure the plaintiffs were not subjected to such acts, and that UNBwas vicariously liable for the sexual assaults allegedly perpetrated by Bhargava.

The university terminated Bhargav'scontract in November 2020. The termination and lawsuit came after Bhargava's licence was suspended by the New BrunswickCollege of Physicians and Surgeons.

More defendants could be named: lawyer

Erika Hachey, another lawyer for the plaintiffs in the class action, said in an interview a mass-tort lawsuit is being pursued as it better reflects the varied experiences of each complainant.

Hachey said some class membersallegedBhargava assaulted them while he was working at other health clinics.

A mass tort will allow plaintiffs to include those varying claims about where Bhargava allegedly assaulted them, Hachey said.

"So we are going to include those new defendants, as well as the former class membersand the new people that had contacted us, and they will all be considered plaintiffs in our new mass tort action," Hachey said.

Hachey said a mass tort is also expected to bring a quicker resolution to the case, as there's no need to get the lawsuit certified as is the case with a class action.

18 complaints:College of Physicians and Surgeons

The class-action lawsuit originally included 14 members, however, Hachey said she can't say how many people will be named in the new mass-tort lawsuit until they formally provide statements.

"I have been advised by some of my clients that there are still people out there that are waiting and have not stepped forward to contact us," she said. "I just want those people to know that this is the time to contact us."

In 2021, New Brunswick College of Physicians and Surgeons registrar Dr. Ed Schollenbergsaid the college had received 18 sexual assault complaints against Bhargava from individual patients.

A lawyer for UNB declined an interview request, and Bhargava's lawyer did not respond to a request for comment Tuesday afternoon.