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Halifax Personal Injury Law Blog

2 injured in Nova Scotia car crash, driver charged

A man who was involved in a car accident in Nova Scotia on July 20 was charged for his involvement in the incident. According to the report, the collision took place on Highway 103 between Exits 10 and 11 at approximately 5:40 p.m.

Based on the preliminary investigation, it appeared that a green Ford Escape was heading west on the highway when he collided head-on with a Mazda. The driver of the Ford, a 40-year-old man, and the driver of the Mazda, a 26-year-old woman, were both transported to hospital for treatment of injuries that were described as not life-threatening. At the time the report was released, both individuals had been released from the hospital.

Woman dies at Halifax hospital after tour bus crash

A 70-year-old woman is dead following a tour bus crash close to Neils Harbour on the Cabot Trail on the afternoon of July 13. Including the driver, there were 21 individuals on the bus at the time of accident. A representative of the Cape Breton Health Authority noted that 18 people who were involved in the crash received treatment at various hospitals in the region. The 70-year old woman died as the result of her injuries on July 14, says the RCMP.

Two additional bus passengers suffered severe injuries and were first taken to a Cape Breton hospital. Later, they were both transferred to a hospital in Halifax where they have been listed in stable but serious condition. Everyone on the bus is believed to be from Pennsylvania; they were in Nova Scotia for a tour.

Highway 107 crash injures 1, kills 1

One person is dead and at least one other person is injured after a July 4 crash in Nova Scotia on Highway 107. Royal Canadian Mounted Police responded to the head-on car accident shortly after 8 p.m. near Lake Echo.

One of the two vehicles in the collision caught fire. Police had to close the highway between Exit 17 and Exit 18 for a period. They did not speculate as to the cause of the crash, which is still under investigation with the help of a medical examiner and a traffic analyst.

A Commentary Concerning the Enforceability of a Release of Liability

In Neidermayer v Charlton, 2014 BCCA 165, the plaintiff, Karen Neidermeyer, was spending time in British Colombia when she was injured in a bus accident. Ms. Neidermeyer and her students were visiting from Singapore, and decided to take part in a zip line experience near Whistler village. In order to get to the zip line course, participants were expected to take a bus, which travelled up a logging road on the side of a mountain. Before embarking, and as a condition of participation, all guests were required to sign a "Release of Liability, Waiver of claims, Assumption of Risk and Indemnity Agreement". The release included clauses that precluded liability for certain types of claims including liability for damages arising from "travel to and from the tour areas" and "back country travel". As this was a condition of her participation, Ms. Neidermeyer signed the release for herself and her students.

Reports of dangerous side effects from off-label use of drugs

Some doctors in Nova Scotia and the rest of Canada prescribe medications to treat diseases without having evidence supporting the notion that these drugs are effective for that kind of treatment. Health Canada is being accused of knowing whether medications are prescribed off-label in the case of reported side effects but not sharing this information to the public. Patients who are subjected to medication errors that are caused by being prescribed drugs that are dangerous to them have filed hundreds of reports regarding these off-label prescriptions, some with fatal side effects.

The term "off-label" refers to prescription drugs that are prescribed for a condition or demographic for whom the drug has not been approved. Health Canada has received hundreds of reports regarding popular anti-psychotic, anti-inflammatory and other drugs consumed in Canada that have resulted in serious side effects. These reports include information about patients who have died from heart attacks, who were inflicted with conditions that cause symptoms similar to lupus and who developed a kidney cyst and other disorders after taking these drugs for uses that were not approved.

7 students injured after vehicle makes illegal U-turn

Students from a Nova Scotia school system were injured on June 23 after the bus they were riding made a sudden stop in order to avoid becoming involved in an accident. According to the report, the incident happened at the Bedford Highway and Larry Uteck Boulevard intersection. There were approximately 40 students on the bus when the incident took place.

Authorities stated that the bus was following a vehicle that suddenly made an illegal U-turn. In order to avoid causing a crash, the bus made an abrupt stop. Seven students suffered injuries, and four students were transported to the hospital for treatment of injuries that were described as minor. The authorities were able to obtain a description of the vehicle and the vehicle's license plate. At the time the report was released, the driver of the vehicle had not been identified.

Judge says crash victim didn't do enough to recover

Nova Scotia residents may be interested to learn of the case of a man that was recently awarded more than $268,000 in damages in relation to a car accident that occurred in 2006. Though some might consider this sum substantial, the judgement reflects a 20 percent reduction of the damages the man might otherwise have been awarded; according to the judge, he reduced it because he did not feel the victim has done enough to recover.

Although the victim was rear-ended by a pickup truck and the other party admitted liability, the extent of the victim's injuries and their long-term impact were called into question. The judge wrote that the victim smoked excessively and did not engage in regular exercise, for which reason he was at least partially responsible for his decreased physiological condition in the years after the car accident. While the presiding judge did not dispute the victim's overall injury, he decided that his demeanour thereafter was exaggerated.

Ruling assigns tissue to facility, not individual

In a case with implications on how medicine is practiced in Nova Scotia and across the nation, an Ontario court determined on June 4 that human tissue is the property of the medical facility that obtained it and not the patient from which it came. The case could be contested in other jurisdictions or by the family, but if the ruling holds, it could have widespread ramifications for Canadians over how genetic information, tissue samples and even blood are handled.

The controversy in the case related to a woman who was hospitalized in 2009 in Toronto and was diagnosed with cancer. She passed away in 2011. Her estate filed a medical malpractice lawsuit, claiming that doctors were negligent when they found her cancer-free in 2009. Two of the defending doctors wanted to submit the liver biopsy from that time for further analysis as they thought the biopsy might show that the woman had suffered from a heredity cancer that worsens very quickly and is often undetectable during initial testing. However, they did not have legal access to the sample.

Nova Scotia man sentenced for role in fatal accident

A Nova Scotia man was sentenced on June 4 for his role in a single-vehicle drunk driving accident that claimed the life of a 51-year-old man. The 52-year-old Cumberland County resident was given a custodial sentence of four and a half years in addition to a 20-year driving ban after entering a plea of guilty to charges that he had operated a vehicle in a criminally negligent manner. The fatal accident took place in Pugwash Junction in 2011.

The man lost control of his vehicle after attending a pig roast gathering. Witnesses say that the man's truck was travelling at a speed of up to 120 kilometres per on a street near the pig roast immediately before the crash. This is double the posted speed limit. After losing control, the truck struck a guardrail with sufficient force to propel it 150 feet. The man's passenger died from head and abdominal injuries after being ejected from the vehicle.

Nova Scotia cyclist killed in roadway accident

On May 21, Halifax Regional Police reported that a female cyclist was killed in a collision involving a transport truck. The fatal accident took place at the intersection of Albro Lake and Windmill roads in Dartmouth at about 2:56 p.m., police said.

The bicycle and truck were both traveling northbound on Windmill Road prior to the accident, police stated. The truck reportedly hit the woman when it attempted to make a right turn onto Albro Lake Road. According to authorities, the cyclist was pronounced dead at the scene.

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