National Post (National Edition)
Miskin Law connects Canadian mesothelioma victims to compensation
Effective legal representation may help Canadians exposed to asbestos access compensation trust funds managing more than US$30 billion in assets
Receiving a diagnosis of mesothelioma from your doctor can be devastating. But in the weeks to follow, you have some choices available. People diagnosed with mesothelioma may be eligible for cash awards on being diagnosed with the disease.
Mesothelioma can be caused by only one thing — exposure to asbestos fibres. Once the relationship between asbestos exposure and mesothelioma became firmly established, numerous companies mining asbestos and manufacturing products made with asbestos declared bankruptcy. Asbestos compensation trust funds have been established since the 1980s to compensate eligible mesothelioma patients and their families. Today, more than 30 independent asbestos trust funds manage more than US$30 billion in assets available to Canadians.
Miskin Law is the leading Canadian law firm assisting Canadians in obtaining compensation from U.S. asbestos trusts, working on a contingency basis (legal fees are paid only from a cash award when it is received). The firm’s founder and managing director, Murray Miskin, notes that maximizing compensation for Canadian clients requires a thorough understanding of Canadian law, Canadian industry, other mesothelioma cases — and a sense of urgency.
“There’s a general limit of three years from the date of diagnosis for a Canadian with mesothelioma to make a claim from U.S. asbestos trusts,” he says. “If your mesothelioma was caused by an occupational exposure to asbestos, you need to choose between applying for compensation to your province’s workers’ compensation board or to the asbestos trust funds. You can’t apply for both.”
Miskin’s team advises clients on which route will provide the greatest amount of compensation — however, asbestos compensation trusts typically offer larger total amounts, and offer them sooner in lump sum payments.
Making a claim to a U.S. asbestos trust is a matter of providing medical and exposure evidence in the form of an affidavit. There are no court dates or a long, drawn-out claims process.
Miskin Law client Rod Punnett was diagnosed with mesothelioma in 2021. His doctor mentioned the possibility of compensation, but it took four months before he overcame the shock and began to reach out. Unimpressed by the approach of U.S. law firms and the province’s workers compensation board, he contacted Miskin Law, where he spoke to the founder’s son, Daniel Miskin. Through a simple interview, the law firm compiled a list of likely asbestos exposures.
“In 1963, I worked in the pulp and paper industry, wrapping pre-fab asbestos around steam pipes,” Punnett recalls. “I wore no protective equipment and had to fill the joints with a slurry of asbestos powder slopped in with water.”
He also built hot rods, modifying old cars outfitted with asbestos heat shields. In addition, he worked at a service station that changed brake linings containing asbestos.
“Daniel asked me for names of products I worked with and businesses I worked for,” he says. “He then compared that information against other people who had mesothelioma who worked for the same employers or for similar industries, then produced affidavits for me to sign.”
Cheques from the U.S. asbestos funds began arriving a few months after the claims were filed.
“I’ve never been wealthy,” he says. “But this year, after having hauled in all of the firewood for the winter, I realized my wife and I now had enough money to have a heat pump installed on the property. I was an electrician by trade and I’ll enjoy hanging out with these guys who are technical experts in the 21st century.”
Miskin client “DB” was diagnosed with mesothelioma in 2020. When a friend told her that compensation was available, she contacted her lawyer, who recommended Miskin Law. She contacted the firm in 2021.
“My husband worked in construction as a self-employed contractor and I washed his laundry, which may have carried asbestos fibres,” she says. “I also worked in an old shoe factory building during the early 1970s and Daniel noted that pipes were often wrapped with asbestos. Finally, we renovated a cottage that may also have used asbestos building materials.”
Once the legal team prepared and filed claims, cheques began arriving soon after.
“They took care of everything,” DB says. “I had no expectations for compensation following my diagnosis. Everything I received was like a gift. It’s allowed me to help my family and to help others.”
Punnett’s advice for people looking for information on compensation for mesothelioma:
“Look for a law firm that provides clear answers to your questions,” he says. “If you’re comfortable with what they’re telling you and have that sense of assurance, you’ll know you’ve found the right people to represent you.”
For more information on seeking compensation for mesothelioma, visit