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Tag Archives: «negligence»

201608.09
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Video Blog: How Being Represented by a Lawyer Protects Your Medical Records & Injury Claim

Lawyers are not always needed, are they? Some people think its obvious why they don’t need a lawyer’s help after a car accident.  They weren’t at fault for the accident, so no one is blaming them.  The ICBC adjuster is being friendly and paying for some medical treatment, and perhaps even some lost wages.  The…

201505.29
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Criminal Negligence in the Workplace: Marine Employment Lessons

For the first time in B.C. history, the government has charged an employer with criminal negligence causing the death of an employee.  Although the facts of the case do not involve the death of a mariner, this article should be of interest to marine employers and the families of deceased mariners because the same legal…

201505.03
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Falling Asleep at the Wheel: Negligence, or Gross Negligence?

Many master’s or mate’s positions require long hours where sleep can at times come second to getting the job done. Even where sleep is a scheduled part of the job, unfavourable tides, port schedules, weather and emergencies occasionally require the crew to skip their sleep. Pacing the wheelhouse, coffee in hand, is many a crewman’s…

201503.03
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Understanding Marine Collision Regulations – More like guidelines, than actual rules

Clearly the Collision Regulations under the Canada Shipping Act 2001 (the “ColRegs”) serve an important purpose in promoting the safe navigation of vessels on coastal and non-coastal waters.  Like laws governing motor vehicles on land, these rules of the road reduce the risk of damage through collision by requiring predictable behaviour. Mariners expect other mariners…

201410.22
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Court’s Reasons for Queen of the North Officer’s Sentence

Although the B.C. Supreme Court sentenced the Queen of the North’s Fourth Officer (“FO”) on June 24, 2013, the reasons for this sentence were not available in writing until late July.  Needing no editorial, the most significant portions of the Court’s reasons are captured by the excerpts below.  While this tragedy has, in my view,…

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