Category: Uncategorized

Halifax Regional School Board to Comply With Legislation to Make Children Safer on School Buses

by John McKiggan

Starting in January 2012 the Halifax Regional School Board will begin to comply with Provincial regulations requiring children under age nine or smaller than 4’9″ and 40 pounds to be secured in a child restraint system while riding on school buses.

According to Doug Hadley, spokesman for the Halifax Regional School Board, HRSB is going to start weighing and measuring students who may fall under the provincial regulations.

The Seat Belt and Child Restraint System Regulations have been in place in Nova Scotia since 2007 and have been implemented in most school boards around the province. However, the Halifax Regional School Board uses a private contractor, Stock Transportation to run their school buses and HRSB has been late to introduce the changes.

Do Commercial General Liability Policies Cover Injuries to Employees? Sam’s Auto Wrecking and Lombard General Insurance

by John McKiggan

The Ontario Superior Court of Justice recently released reasons in Sam’s Auto Wrecking and Lombard General Insurance The case is interesting because it involves the relationship between worker’s compensation coverage, employee disability insurance policies and commercial general liability policies.

The Facts

John Ferber was employed by Sam’s Auto Wrecking Co. Limited. While helping other employees of Sam’s Auto Wrecking load a flatbed truck Ferber was seriously injured.

Nova Scotia Introduces New Insurance Reforms: Halifax Personal Injury Lawyer Explains

by John McKiggan

Today Graham Steele, the Minister responsible for Nova Scotia’s Insurance Act announced new legislation to improve automobile insurance coverage in Nova Scotia. The Fair Automobile Insurance (2011) Act, will be introduced in the legislature today.

I was part of the Review Committe that provided advice to the province regarding what improvements needed to be made to Nova Scotia’s Insurance system: McKiggan Appointed to Provincial Insurance Review Committee

Highlights of Changes

Chinese Toddler Dies and Creates Storm of Controversy

by John McKiggan

Last week staff at Guangzhou Military District Hospital announced that Wang Yue had died of the injuries she suffered when she was run down in a hit and run collision in China.

The collision, which was caught on video by a security camera, has raised a storm of controversy around the world because while she lay bleeding in the street almost 20 people walk or drive by the little girl and ignore her.

The video has raised questions about cultural differences between China and North America, legal issues about so-called Good Samaritan laws and moral questions about personal autonomy and our obligations to others.

Product Recalls are not Proof of Negligence: Johansson v General Motors of Canada Limited

by John McKiggan

Defective Products and Negligence

If a defective product is recalled does that prove that the product was negligently manufactured? That was one of the issues that Justice Murphy of the Nova Scotia Supreme Court had to decide in the recent case of Johansson et al v. General Motors of Canada Limited.

Driver Injured in Car Accident

Whiplash Injuries and Nova Scotia’s “Minor Injury” Compensation Cap

by John McKiggan

Since 2003 Nova Scotia has had some form of a cap on the amount of compensation innocent accident victims are entitled to receive for their non-pecunaiary damages (what most people refer to as “pain and suffering”). For more information you can read:

Nova Scotia’s Cap on Compensation for ‘Minor Injuries’ in Car Crashes (2003 – 2010)

Although the cap has been in place now for eight years there are few reported decisions where the courts have interpreted what the definitions in the legislation actually mean. As a result, there is still debate between lawyers and insurance adjusters and defence lawyers about what injuries are “capped”.

APM Law – Scholar Athlete Program

by John McKiggan

It’s the first day of the school year here in Nova Scotia and we are very excited to announce our new Scholarship program for outstanding high school student – athletes.

All of the lawyers at APM Law know the dedication, discipline and sacrifice it takes to be both a good student and a competitive athlete. We know how these traits can help lead young persons to success later in life. So we started our Scholar Athlete Program to acknowledge grade 12 student-athletes who exceed expectations in class and in athletic competition.

How Does it Work?

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Hurricane Safety Tips

by John McKiggan

Media reports indicate we may experience our first hurricane of the season this weekend. It doesn’t look like hurricane Irene is going to be anywhere near as powerful as hurricane Juan. Nevertheless, hurricanes are powerful and dangerous events that can cause significant damage and injury.

Therefore I thought it would be helpful to post a couple of tips to help folks prepare.

Prepare Your Safety Kit

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Injuries Increase as Temperatures Rise

by John McKiggan

According to a recent report from the Canadian Institute for Health Information an average of 45 Canadians are hospitalized every day in the summer as a result of injuries from wheel and water sports.

“Summer is a great time to be active and enjoy the outdoors, but it is also a peak period for motor vehicle injuries and trauma related to wheel and water sports,” said Greg Webster, director of Primary Health Care Information at CIHI.

CIHI has been collecting data for the last 10 years. Their investigation show that cycling injuries account for half of all sport and recreation related hospital admissions.