When it's Time to Get Help

Living like “A Normal Family”: Raising a Child with a Birth Injury

by John McKiggan

In a landmark victory for 7 year-old plaintiff Cullan Chisholm, Dr. Alison Ball and the Guysborough Antigonish Strait Health Authority have agreed to pay a total of $6 million in damages to Chisholm in what has been reported as the largest personal injury settlement in Nova Scotia’s legal history.

Represented by McKiggan Hebert’s John McKiggan, the case is significant because “it goes a long way to recognizing the very significant harm and huge associated costs that go with caring for a catastrophically injured child.”

“It’s fair to say that physicians, nurses are human. We all make mistakes,” John says. “But when someone makes a mistake that violates the standard of care — in other words when someone makes a mistake that was preventable — then they should be held accountable for that and that’s why we brought the claim.”

Posted in: Child Injuries

Largest LGBTQ Settlement Ever Proposed Secured by John McKiggan and LGBT Purge Legal Team

by John McKiggan

A landmark settlement in a case to compensate LGBTQ members of Canada’s military, RCMP and civil service who were investigated and/or discharged due to their sexual orientation was recently approved by Federal Court Justice Martine St-Louis on June 18, 2018.

The terms of settlement, first proposed in November 2017, finally puts a decades-long battle between LGBTQ-identifying members of the Canadian military and oppressive policy to rest, as well as opens the door to forgiveness and equality to all current and former service members.

The Settlement

Posted in: Uncategorized

The Brain Injury Association of Nova Scotia needs our help!

by John McKiggan

This morning, a story was featured on CBC’s Information Morning by legislative reporter Jean LaRoche on the province’s lack of action on the promised Acquired Brain Injury Strategy.

Here’s a link to the story on the CBC website.

The report was informative and raises some serious issues about the lack of services for brain injury survivors in Nova Scotia.

Posted in: Uncategorized

How much time do I have to file my injury claim in Nova Scotia? Dyack v. Lincoln

by John McKiggan

What is a statute of limitations?
Every province in Canada has a law ((statute) that sets time limits for how long a plaintiff has to file a claim. This type of legislation generally referred to as a statute of limitations although it goes by a different name in various provinces. In Nova Scotia it is called the Limitation of Actions Act.

In September of 2015, the legislature significantly changed Nova Scotia’s Limitation of Actions Act. The changes significantly reduced the amount of time that plaintiffs have to file various claims. You can read more about it here.

The changes to the statute of limitations, in particular the shortened limitation periods, raised the potential that claims that would not have been barred under the old act could run out of time under the new Limitation of Actions Act.

Supreme Court of Canada says psych report not required to recover damages for mental injury: Saadati v. Moorhead.

by John McKiggan

The Supreme Court of Canada released and interesting decision today ( Saadati v. Moorhead) that will be relevant to anyone who claims to have suffered psychological injuries as a result of car accident, medical malpractice, or any other type of personal injury claim.

The plaintiff Saadati was injured in a motor vehicle collision. He sued the other defendants in negligence seeking compensation for income loss and nonpecuniary damages (pain and suffering). The plaintiff claims he suffered psychological injuries in the accident that resulted in personality changes and cognitive deficits that made it difficult to concentrate.

However, at the trial the plaintiff did not call any evidence from medical experts to indicate that he had ever been diagnosed with any type of psychiatric illness. Instead, the plaintiff relied upon testimony from friends and family members who said that after the car accident Saadati’s personality had changed.

Posted in: Uncategorized

Good news from the Supreme Court of Canada for injured victims of underinsured drivers

by Mark Raftus

What is SEF44 coverage?

In an article and video on the McKiggan Hebert website John McKiggan discussed how the SEF44 Family Protection Endorsement works. But a recent decision from the Supreme Court of Canada has made some important rulings that impact how SEF44 coverage can be used to protect you and your family.

Sabean v Portage Mutual Insurance Company

Is my Nova Scotia “Minor Injury” claim capped at $7500.00?

by John McKiggan

Minor Injury Cap

This is a question I get asked a lot. Some people have heard that Nova Scotia has a law that places a “cap” on the amount of compensation that people can receive if they have been injured in a car accident.

The law places a cap on the amount of compensation that you can get for what lawyers refer to as  “non-pecuniary damages”. Everybody else calls it compensation for “pain and suffering”. We explain this in more detail in my article: What is my Nova Scotia Personal Injury Claim Worth?

Let’s help make pedestrians safer on Spring Garden Road in Halifax

by John McKiggan

We have been trying to raise awareness to make Halifax a safer city for our pedestrians. See for example Mark Raftus’ recent article: Protecting Pedestrians with Innovative Ideas

Petition to Lower Speed Limit on Spring Garden

Spring_Garden_Road_at_Queen_StreetHalifax City Council recently approved a plan to improve streetscaping and lighting along Spring Garden Road to make it more pedestrian friendly. We believe that pedestrians should be able to safely walk the streets of Halifax. However, there were 208 pedestrian accidents last year (2015) and a disproportionate number happened on Spring Garden. There are three intersections on Spring Garden that have averaged 6 pedestrian-car collisions over the last few years. As business owners on this Road, we’ve launching a petition to reduce the speed to 30km per hour, ensuring a safer street for everyone.

How “buying Canadian” can protect your family when vacation injuries strike

by Brian Hebert

Avoid vacation litigation nightmares.

Avoid vacation litigation nightmares.

One of my pet peeves is the way many resort owners in Mexico and the Caribbean have structured their operations to shield themselves from liability for injuries they cause to their guests through their own negligence.  Canadians can, and should, take steps to avoid being left empty-handed in the event of vacation accidents.

Each winter over 3 million Canadians book vacation packages to Mexico and the Caribbean. Unfortunately, many of them will be injured while at their resort or while participating in an off-resort excursion. Their injuries will range from minor cuts and bruises to quadriplegia and everything in between. Some injuries will even prove fatal. Sadly, for these travelers and their families, when an injury is caused by the fault of another, obtaining full and fair compensation can be difficult.

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