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.

Injuries From Multiple Events: Good News from the Supreme Court of Canada

Victor Lewin
Tuesday, August 23, 2011

It is welcome news to victims of car accidents, and other cases of negligence, in Nova Scotia, New Brunswick and PEI that the Supreme Court of Canada recently denied leave to hear the Defendant appeal of the appellate decision in Bradley v. Groves. The Court of Appeal in that case made it easier for individuals to recover damages for "indivisible" injuries. Where an accident victim suffers injury in multiple events (like two different car accidents) and it is impossible for a judge to separate the injuries arising from the events, the victim is said to have an "indivisible" injury. In the car accident example, the acts of two negligent defendant drivers will have combined to create an injury that is not attributable to one particular defendant. Whereas, in a divisible injury case, multiple parties will contribute only to specific discrete injuries and each party is only responsible for the harm they personally cause. ..

Residents and Former Residents of Sydney, Nova Scotia Will Get Their Day in Court

Victor Lewin
Wednesday, July 13, 2011

After polluting the air, soils and waters of Sydney for decades, despite their best efforts to deny the pollution victims access to the Courts, the Canadian and Nova Scotian Governments will have to face the merits of the class action against them after all. This is important for the pollution victims and vital to the development of environmental class actions in Canadian law.
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Most Birth Injuries Preventable with Proper Medical Care

Victor Lewin
Friday, July 08, 2011

Pregnancy is an exciting time for expecting parents. While expecting mothers will typically do all the right things (eating healthy, exercising, etc.), complications still sometimes arise. Fortunately, the majority of these complications are preventable with proper medical care.
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Many Positive Changes in Nova Scotia's Cap on "Minor Injuries"

Victor Lewin
Tuesday, June 21, 2011

Like several provinces, Nova Scotia has a cap on the compensation victims of motor vehicle accidents can receive for their injuries. From 2003 to 2010, under the control of a Conservative government, victims of auto accidents who fell under the legislated definition of a "minor injury" had a $2500 cap imposed on their damages.
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Auto Insurance in Nova Scotia: Looking Into the Insurance Contract

Victor Lewin
Thursday, June 16, 2011

Auto insurance is mandatory for Nova Scotians. Each driver in Nova Scotia contracts with an insurer so that they may be insured against liability and for damages should they ever be involved in a car accident. While the contract is between the driver and the insurance company, because car insurance is the primary source of compensation for car accident victims, governments are heavily involved in the regulation and operation of the insurance regime. Automobile insurance is a product with a public purpose. As such, it is arguable that car insurance contracts are no "contracts" in the traditional sense. They can be considered public regulatory documents.
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