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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Summer Is On the Way - Boating Insurance

Victor Lewin
Friday, March 21, 2014

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.
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Is The Soup Too Hot?

Victor Lewin
Wednesday, March 19, 2014

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. ..

Negligent Doctor to Pay $15 million

Victor Lewin
Friday, March 07, 2014

Nova Scotia residents may be interested in the recent case of a doctor in Hanover has been ordered by a court to pay $15 million in damages. The doctor was the defendant in a medical malpractice case that was filed after the woman suffered from a debilitating stroke. The $15 million amount was agreed upon by both parties before the trial if the doctor was found to be negligent.
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Dog Bites - Remedies Available Through Civil Action in Nova Scotia

Victor Lewin
Monday, January 07, 2013

The frequency of dog bites and attacks have increased in media over the past couple of years. Whether there are more bites are occurring or whether they are just now receiving increasingly more media coverage is unknown. Certainly there has been more attention to the requirement that owners control their dogs and to the by-laws that govern the consequences of a failure to do so.
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Nova Scotia Personal Injury Lawyers Successfully Appeal Trial Verdict

Victor Lewin
Tuesday, December 18, 2012

Car accident and other injury victims take note: the use of inferences to make findings of negligence or causation has increasingly taken centre stage in several recent decisions out of the Nova Scotia Court of Appeal. The appropriate use of inferences was highlighted in a decision released in early December, Johansson v. General Motors of Canada Ltd., 2012 NSCA 120.
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