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Halifax Personal Injury Law Blog

Teen girl pleads guilty in Nova Scotia crash that killed teen boy

A teenage girl took responsibility on April 9 for her actions in a car accident that killed a teenage boy in June 2013. The girl was driving the vehicle when the car accident happened in Richmond County.

According to police, the 16-year-old girl was driving on Smith Road on June 21, 2013, with five people in her car. All of the occupants were aged between 13 and 22. When the car crashed in Grand River, everyone inside was injured and transported to Strait Richmond Hospital. One of the passengers, a 17-year-old boy, was flown to Queen Elizabeth II Health Sciences Centre for further treatment. Only days following his transfer, he was declared deceased.

Toyota Canada recalls more than 500,000 cars

Some owners of Toyota vehicles in Nova Scotia could soon find themselves affected by the company's recently announced recall. Toyota Canada has announced that 513,401 cars spanning a variety of models will be recalled due to potential problems with their seat rails, steering columns and engine starters, among other issues. One of the models involved is a General Motors Corp. Pontiac Vibe, which was built at a factory in California that GM shares with Toyota.

Although no car accidents were reported by the time of the recall, Toyota is still recovering from the massive recalls that were announced in 2009. In March 2014, the manufacturer agreed to pay a $1.2 billion penalty in a settlement with the U.S. Justice Department that was made in connection to that event.

Medical Malpractice Decision on Difference Between Battery and Informed Consent

Doctors, nurses, and other medical professionals owe their patients a duty of care. They have a legal obligation to treat a patient in a manner that meets the standard of care. Where the doctor or nurse fails to meet the standard, he or she is negligent. Where that negligence causes a patient medical harm, the doctor or nurse will be liable for damages.

Highway 101 Crash in Nova Scotia Hospitalizes 3 Women

An accident on Highway 101 sent three women to hospital on March 29. The car accident occurred on an untwinned section of the highway near Hantsport at about 3:30 p.m., causing the highway to close for more than 3 hours while investigators gathered evidence and crews cleared away debris at the scene.

The Royal Canadian Mounted Police says that a Mazda travelling east on Highway 101 appears to have lost control and crossed into the westbound lane when it collided head-on with another Mazda. The eastbound Mazda driver suffered serious injuries and was flown to QEII Hospital in Halifax where she was listed in critical condition as of March 31. The driver and passenger of the westbound Mazda were also transported to hospital with possibly non-life-threatening injuries. Police have not released the identities of the women involved in the car accident.

Possible Complications from Oxytocin Use

In a study with implications for pregnant women in Nova Scotia, researchers found that administering a drug to induce labour could cause complications for both the mother and the child. A group reviewed 74 cases over an 11-year time span and observed that the use of oxytocin could lead to difficulties in detecting abnormal fetal heart beats, unnecessary inductions and a lack of staff to watch over the mother. The related risks could lead to serious injuries or even death, and later to potential medical malpractice lawsuits.

The Canadian Medical Protective Association reported that the cases represent a tiny percentage of tens of thousands of women who are induced across the nation annually. Another serious concern is that the number of inductions is increasing. From 2012 to 2013, the induction rate was one in four in hospital births. In 1980, the rate was less than one in eight. Part of the reason for the number of increased inductions is due to advanced maternal age or other health considerations. However, some mothers and even physicians are asking for inductions for the sake of convenience.

Social Media is Disclosable Says Nova Scotia Court Decision

If you are involved in a motor vehicle accident, you should be aware that websites such as Facebook, Twitter, MySpace and Instagram can be accessed by an insurance company in an attempt to obtain information about your activities and ability levels. A recent Nova Scotia Supreme Court decision permitted the disclosure of information pertaining to a woman's Facebook usage. In the case of Conrod v. Caverley, the plaintiff was involved in a car accident and her ability to participate in recreational and social activities was in issue. The defendants brought a motion seeking production of her Facebook usage and the private portion of her Facebook profile. The Court ordered the plaintiff to produce this information. However, the Court was not satisfied that the defendants showed the public portion of her Facebook contained relevant information, and was unable to infer that the private portion of the profile likely contained relevant information. Therefore, the private portion of her profile was not required to be produced. Although the Court did not order the private portion of her profile to be produced, the Court did not state that it was not producible. If a Court were to find private portions of Facebook profiles relevant, likely they will be producible.

Summer Is On the Way - Boating Insurance

Before summer approaches, boat owners and operators should turn their minds to whether they have adequate insurance in place. Many owners and operators believe that any potential claims brought against them for a boating accident will be covered by their homeowners insurance. However, this is not always the case and water enthusiasts should be aware of exactly when their insurance company will step in and indemnify them.

Nova Scotia Man Tells Story of Logging Truck Accident

A Nova Scotia man described his experience of his sedan nearly being hit by loose logs after a log truck lost its load on March 14. On 3 p.m. that Friday, he was travelling from Sweets Corner to the Windsor hockey arena where he served as a coach during the mid-afternoon when he saw the log truck take a corner too quickly. He noticed the end of the load began to break free and fall off the truck. He knew that he couldn't avoid the car accident or dodge all of the logs coming toward him on the road. He accelerated, turned hard to avoid the logs and rolled his vehicle into a ditch. He explained that his sedan suffered serious damage after it flipped end over end.

At the time of the accident, the victim was speaking to a friend on a hands-free device. He asked his friend to call 911. He knew he suffered injuries to his back and ankle, which he later described as minor. Emergency workers needed to extract him from his vehicle using the Jaws of Life. He was thankful to survive the accident and thinks the outcome could have been death if a different person or a family had been involved.

Is The Soup Too Hot?

We have all heard of the case of the woman who sued McDonalds after she was burnt by a cup of hot coffee. Recently Canada has seen a similar case go before the Courts however the Canadian case, Laflamme v. Groupe TDL ltée, involves our own Tim Hortons and a bowl of hot potato soup.

National Class Certified in Nova Scotia in Wright Hip Implant Case

On March 7, 2014, the Honourable Justice Michael Wood released his decision which certified the proposed class action on behalf of Canadian residents who received a Wright Medical Profemur Hip Implant after February, 2001 and suffered a fracture of a component of that system. The certification motion was heard before Justice Wood on August 15, 2013. Wagners filed the class action on September 13, 2011.

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