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.

WARNELL V. CUMBY – NEW NOVA SCOTIA CAP CASE

Victor Lewin
Saturday, May 06, 2017

The Supreme Court of Nova Scotia has had the opportunity to apply the new “CAP” legislation in Nova Scotia. In Nova Scotia, legislation provides that if you are injured in a motor vehicle accident on or after April 28, 2010 and you suffer injuries deemed to be minor, pain and suffering is limited to $7,500.00 (adjusted annually for inflation). A minor injury is one that is classified as a sprain, strain or whiplash injury that does not result in a serious impairment and does not cause a substantial inability to perform the essential tasks of one’s work, education or activities of daily living.  ..

Canadian Anti-Spam Legislation-Right of Action

Victor Lewin
Friday, April 28, 2017

On July 1, 2017, a private right of action in connection with Canada’s anti-spam legislation comes into force. The consequence of this? In addition to having to answer to government regulators for breaches of the law, companies will then have to answer to Canadians who receive electronic messages or automatic software updates and data transfers in contravention of the anti-spam legislation. ..

Nova Scotia's Move Over Law

Victor Lewin
Wednesday, December 31, 2014

In order to protect emergency responders, as well as the motorists that the responders are there to help, Nova Scotia instituted a move over law in 2010. Emergency responders now complain that many motorists in Nova Scotia simply ignore the law, failing to move over and reduce their speed when passing emergency responders at an accident scene. Sources indicate that a fire truck in Halifax was struck while responding to a motor vehicle accident, resulting in injuries to two fire personnel.
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Wrongful Death Damages in Nova Scotia

Victor Lewin
Tuesday, November 25, 2014

Nova Scotia residents may be surprised to learn that pain and suffering is not mentioned in the section of the Fatal Injuries Act that deals with damages that may be awarded in a lawsuit brought by families who have lost a loved one. While a wrongful death lawsuit is often an extremely emotional experience for plaintiff and defendant, the process by which damages are determined is calculated and methodical.
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Nova Scotia Election 2013 - The Parties' Positions on the Nova Scotia Home for Colored Children

Victor Lewin
Monday, September 23, 2013

On October 8, 2013, Nova Scotians will head to the polls to vote in the provincial election. A number of issues have arisen during the 4 years that the NDP has enjoyed as the ruling party of Nova Scotia. Healthcare, power rates and the environment are just a few of the important concerns that are at the forefront of voters' minds. Another issue that is also an important topic for the three political parties to consider is the allegations of systemic and historical abuse of children who resided at the Nova Scotia Home for Colored Children.
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A Review of the Nova Scotia Cyber-Safety Act

Victor Lewin
Tuesday, September 10, 2013

The Nova Scotia Legislature has introduced a new act to address the issue of cyberbullying. The Act, conveniently named the Cyber-Safety Act (the "Act"), has the cited purpose of providing safer communities by creating administrative and court processes that can be used to address and prevent cyberbullying.
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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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