The Wagners - A Serious Injury Law Firm blog shares Personal Injury stories and opinions relevant to Halifax, Nova Scotia residents. Let us know what you think.

A Commentary Concerning the Enforceability of a Release of Liability

Victor Lewin
Monday, July 07, 2014

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.
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Reports of Dangerous Side Effects from Off-Label Use of Drugs

Victor Lewin
Thursday, July 03, 2014

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. ..

Judge Says Crash Victim Didn't Do Enough to Recover

Victor Lewin
Thursday, June 19, 2014

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.
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Ruling Assigns Tissue to Facility, Not Individual

Victor Lewin
Thursday, June 12, 2014

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. ..

Nova Scotia Man Sentenced for Role in Fatal Accident

Victor Lewin
Friday, June 06, 2014

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.
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Care Facility Under Investigation After Assault

Victor Lewin
Tuesday, May 20, 2014

The Nova Scotia Department of Community Services reports that a 56-year-old man was seriously injured in an apparent assault at a special care home. The incident occurred at the Quest Regional Rehabilitation Centre in Lower Sackville, and police say that the victim is in life-threatening condition.
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Estate of woman who died in hospital files suit

Victor Lewin
Monday, May 19, 2014

Nova Scotia residents may be interested to hear about the progress of a lawsuit following the death of a woman at a hospital. The woman's estate said that the hospital's negligence resulted in her death after she consumed hand sanitizer that was made available throughout the facility. The suit states that the hospital was aware of the problem of people entering the hospital to consume hand sanitizer but did not take sufficient measures to prevent it, nor did they treat the woman after she had consumed the product.
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Injured While at Work? Workers' Compensation Claim or a Tort Action?

Victor Lewin
Thursday, May 08, 2014

The Supreme Court of Canada has recently discussed the issue of whether a person, who has been injured while at work, can bring a workers' compensation claim and/or a tort action. In the case of Marine Services International Ltd. v. Ryan Estate, [2013] S.C.J. No. 44, two fishermen died off the coast of Newfoundland and Labrador when their ship, the Ryan's Commander, capsized while returning from a fishing expedition. The estates of the fishermen commenced the action, after having received compensation under the Workplace Health, Safety and Compensation Act (WHSCA), alleging negligence in the design and construction of the ship. This appeal raised the issue of whether section 44 of the WHSCA barred a negligence action.  ..

Woman on motorized scooter dies from accident injuries

Victor Lewin
Wednesday, May 07, 2014

Pedestrian safety in Halifax is being questioned after a woman was struck while driving a motorized scooter across Thistle Street in Dartmouth. The collision happened at about 11 a.m. on May 3 as a pickup truck driver was turning onto the street from Victoria Road. The 57-year-old woman was transported to hospital, where she died later that evening. The police investigation is ongoing, and authorities did not say whether they will file charges against the pickup truck driver.
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