Alcohol and Drug Host Liability Course with ILScorp

Alcohol and Drug Host Liability Course with ILScorp

This is a comprehensive course of critical importance to any proprietor or landlord who acts as a host to individuals who are using alcohol or drugs on their premises. The slide presentation includes several examples and actual court cases to present the facts about liability, under the law, for the safety of such patrons and guests. The course demonstrates the importance for hosts to avail themselves of protection through insurance coverage, and to understand the conditions surrounding that coverage. It provides important practical guidance and information for all stakeholders in these matters. A quiz allows participants to assess their understanding on completion of the course.

Includes the following topics:

  • The role of drugs and alcohol in fatal car accidents
  • Training for staff serving as commercial hosts
  • Testing for impairment and recognizing impairment
  • Drugs in current use and effects of particular drugs on users
  • Issues around the legalization of edibles containing cannabis
  • The role of insurance providers in the education of hosts
  • Responsibilities of event organizers as hosts and responsibilities of landlords and condominium corporations
  • Investigations of claims related to drug and alcohol use
  • Safety standards expected of commercial host establishments
  • Patron conduct
  • The B.C. Occupiers Liability Act
  • Role and duties of the adjuster
  • Use of force issues
  • Liability of cannabis retailers

Sudbury woman says she faces bankruptcy over U.S. medical bills after Las Vegas mugging

Dana Roberts, CTV News Northern Ontario

A 65-year-old Sudbury, Ont., woman has spent much of this year dealing with paperwork after being beaten and robbed during a trip to Las Vegas, leaving her with nearly $100,000 in U.S. medical bills.

Sandra Cartledge was all set to have a great trip in Las Vegas starting on Halloween 2018. However, the vacation went horribly wrong on the day she was set to return home.

“Through a series of unfortunate events, I was mugged, robbed of everything, all identity, all money, everything in Vegas, the day I was to leave,” said Cartledge.

Sandra Cartledge’s travel insurance is not covering all her medical bills leaving her owing approximately $100,000. (Supplied)

That incident not only left her without any money or her passport, it put her in the hospital.

Once she was released, she went to the Canadian Consulate in Los Angeles, to get a temporary passport, so she could travel home. However, she was told she had to wait upwards of five days until it was ready.

Stressing for lodging, she decided to head to San Francisco for cheaper hotel prices.

Cartledge had another two visits to the hospital after more falls; one which she says left her in a coma for a few days.

“So, at the end of the week, I’m thinking ‘I don’t know at what point my insurance, which I’ll have to figure out when I get home, tops out at.’ All insurance tops at something,” said Cartledge.

She says her first hospital visit is being covered, but she’s on the hook for the following two. She says her insurance company told because the other visits fell outside of her original travel window, they will not be covered, leaving her portion at about CDN $100,000.

“The problem I’m facing today is looking at declaring bankruptcy or losing whatever equity I can get on a quick sale out of my home,” Carledge said.

After reaching out to the local MP and MPP’s offices, she was directed to local insolvency firms, which provided her with a few options. Cartledge says she’s been told she could outwait the collection agencies, in the hope that they go away, but as someone who says she pays her credit card on a daily basis, that stress is too much for her.

According to the Canadian Automobile Association (CAA), the specifics of Cartledge’s case are rare, but negative experiences to the United States for travellers do happen.

“Travel insurance can save you from bankruptcy,” says Jayme Schuler, manager of Travel Services Call Centre for CAA North and East Ontario. “That would be an extreme case, but yes, especially when you are travelling down to the states because the medical bills that you can rack up very quickly to the cost of what an insurance policy would be.”

Allianz Global Assistance Canada, Cartledge’s travel insurance provider, gave this statement to CTV News:

“We continue to review this file with our customer to identify the expenses that can be covered within the period for which the travel coverage was purchased. We advise all travellers to review the terms and conditions of their policy and, in the event they require medical treatment, travellers should contact their insurance provider as soon as possible.”

While some may overlook the details of their specific policy, Schuler stresses it is important to know what you are covered for.

Lawyers coaching B.C. doctors to avoid injury caps under new auto insurance rules

B.C. doctors are being coached by trial lawyers to avoid classifying motor-vehicle injuries as “minor” under new rules that, starting in April, will cap some claims.

“An early and optimistic prognosis will have a devastating impact on your patients’ legal rights if their recovery does not ultimately follow this course,” law firm Murphy Battista warned physicians in a Jan. 24 letter.

“An example of a way in which a patient’s rights can be protected is if the family physician explains they ‘don’t yet know’ whether an injury will cause that patient ‘serious impairment.’ ”

That letter and others like it have prompted the organization representing physicians to urge its members to guard against what it describes as a campaign of misinformation around the changes to insurance settlements introduced by the Insurance Corporation of British Columbia.

“Doctors of BC has been made aware there are letters, flyers and other types of communications being sent to physicians that may contain misleading and inaccurate information about new ICBC regulations for treatment of patients,” reads a Feb. 14 statement from the association to physicians.

Doctors of BC says the changes will not limit patient care or restrict physicians from making independent medical decisions. In fact, it says, patients will have access to more options for treatment.

“Under the new legislation, the overall allowance for medical care and recovery expenses will double to $300,000 to better support patients injured in a crash. ICBC will also pay more per treatment based on fair market rates and customers will no longer be out-of-pocket for most expenses.”

Last year, Attorney-General David Eby described ICBC as “a financial dumpster fire” and announced dramatic changes to rein in costs. The Crown corporation is on track to post losses of $1-billion for each of the past two years.

The provincial government passed legislation to curb skyrocketing payments for minor-injury claims by capping settlements for pain and suffering at $5,500 and limiting when accident victims can sue.

In the newsletter Bridge, which provides “legal perspectives of interest to the medical doctor,” physicians are advised to avoid using the grading system in the paperwork that ICBC will use to determine if an injury falls within the cap.

“Initially, the physician may have attached a Grade 2 [that would fall under the cap] to the patient. It may be difficult to re-classify. In light of this issue, it may be prudent for the physician to initially stroke through the Grades with the statement ‘Not possible to assign grade at this time.’”

The changes have put the government at odds with the Trial Lawyers Association of B.C. The group warns that injured individuals are paying the price for financial mismanagement at ICBC. The organization declined to respond to interview requests from The Globe and Mail.

Vancouver lawyer Joe Murphy, co-founder of the firm Murphy Battista, said it is perfectly reasonable for lawyers to point out to doctors the impact their assessments could have on their patients’ rights.

“Unfortunately, you’ll find out if you have an accident that you are not entitled to treatments unless the adjuster decides you are,” he said in an interview.

He said the Doctors of BC statement is itself rife with inaccuracies.

“It is ironic. I’ve read through this, and many of the statements are based on inaccurate or misleading information. I don’t think the person who wrote this read the legislation,” he said.

Mr. Eby said in an interview on Thursday that he has heard from doctors about the unsolicited legal advice they are getting. “I’m glad the Doctors of BC are prepared to step up and warn physicians to call out misinformation when they see it.”

The Doctors of BC was consulted on the improvements to benefits for lost pay and medical rehabilitation for all people injured in accidents − the first major improvements in auto-accident benefits in more than 25 years.

Andrew Yu was one of the physicians who collaborated on the ICBC changes on behalf of Doctors of BC. He said members should not be influenced by lawyers when it comes to assessing their patients. “Some of these letters and brochures seem to offer direction on what words to use or not to use. We support the autonomy of family physicians to use their clinical discretion,” he said.

Source: The Globe and Mail

Pedestrian Found 80% At Fault For Being Struck While Jaywalking

Reasons for judgement were published this week by the BC Court of Appeal upholding a trial judge’s assessment of fault for a pedestrian/vehicle collision.

In the recent case (Vandendorpel v. Evoy) the Plaintiff was struck while crossing a street.  He was at a light controlled intersection.  He pressed the button to activate the pedestrian walk signal but did not wait for the signal to come on.  Instead, he proceeded to cross the street while the signal for traffic in his direction was still red.  The Defendant was driving marginally over the speed limit and entered the intersection on a fresh yellow light striking the jaywalking pedestrian.   At trial the plaintiff was found 80% at fault for the crash.  In upholding this result the BC Court of Appeal agreed with the following reasonsing of the trial judge:

[53]      While both parties failed in their respective duties of care, I find Mr. Evoy’s failure was much less significant than Mr. Vandendorpel’s. His negligence consisted of driving at a speed that was over the posted limit, even if it was only minimally above that limit (i.e., approximately 55 km/hr in a 50 km/hr zone) and doing so when the lighting and road conditions were less than optimal. Compared to this conduct, Mr. Vandendorpel’s failures were more serious. He was dressed in dark clothing, including a dark hooded pullover that was zipped up to the top. None of his clothing had any light reflective qualities. Counsel for Mr. Vandendorpel submits that wearing dark clothing is not in and of itself contributory negligence. That submission is correct, but Mr. Vandendorpel’s failures are greater than simply the clothing he was wearing. He was also wearing headphones and listening to music and that reduced his ability to hear any on-coming traffic. He also had to cross a five-lane roadway that spanned approximately 18 metres. Although he depressed the pedestrian control device, he only waited a second or so before he attempted to cross the roadway. He carelessly did so even though the pedestrian control signal was still red and the traffic control signals were still green. Mr. Evoy’s vehicle approached the Intersection from the north. That is the direction Mr. Vandendorpel was initially walking. The headlights of Mr. Evoy’s vehicle would have been visible from at least 100 metres away. Mr. Vandendorpel must not have looked north on Sooke Road as he began to cross the roadway because he did not see the headlights of Mr. Evoy’s vehicle until it was approximately 30 metres away from him. That is, until the vehicle was just about to enter the Intersection. At that point, the pedestrian control signal was still red and the traffic control signal was yellow. Notwithstanding all of this, Mr. Vandendorpel chose to run across the path of the on-coming car instead of standing fast or retreating.

[54]      I remain of the firm opinion that Mr. Vandendorpel showed a reckless disregard for his duties as a pedestrian on the roadway and conclude that his degree of fault for the accident is greater than that of Mr. Evoy.

[55]      The case authorities counsel provided me with respect to apportionment have been helpful. Each party’s degree of responsibility is to be decided by assessing the risk their respective conduct created, the effect of that risk, and the extent to which each party departed from the standard of reasonable care (see: MacDonald (Litigation guardian of) v. Goertz, 2008 BCSC 394, aff’d 2009 BCCA 358).

[56]      In my view, the risk Mr. Vandendorpel created when he chose to walk and then run across Sooke Road, into the path of Mr. Evoy’s on-coming vehicle created a much more significant risk than Mr. Evoy driving at a speed marginally above the speed limit on a dark morning with a wet roadway. Moreover, I find the departure from the standard of care expected of Mr. Vandendorpel as a pedestrian was much more pronounced than the departure of Mr. Evoy from his duty of care as a driver of a motor vehicle.

How Cannabis Legalization Impacts Your Insurance Coverage

Source: the co-operators

The Cannabis Act, also known as Bill C-45, came into effect Oct. 17, legalizing recreational marijuana. Here’s how this landmark decision affects your Home, Auto and Life insurance.

Home insurance

In all provinces except Manitoba and Quebec, you can legally grow up to four cannabis plants on your property for personal use. These four plants are treated the same as any other legal plant on your property and are covered under your Home insurance policy. If you illegally exceed the number of plants allowed in your province or territory, your claim may be denied entirely.

Household members who smoke cannabis aren’t eligible for our non-smoker discount.

Auto insurance

Legislation introduced by the federal government improves roadside screening and implements new charges for driving while impaired by drugs, including cannabis. Driving while under the in fluence of cannabis is illegal and can result in increased auto insurance premiums. Learn more about the dangers of cannabis impaired driving.

Life insurance

If you use cannabis for medicinal purposes, you may be asked about your medical condition during the life insurance application process. While recreational cannabis use won’t impact your rates, heavy use could cause higher premiums or a declined application.

What else you need to know about cannabis

While it’s legal for adults to use cannabis in Canada, each province and territory has different rules. It’s your responsibility to know what’s legal and what isn’t in the province or territory where you live or visit, including:

  • The legal age
  • Where you can buy and use cannabis
  • How much cannabis you can possess

For more information on the cannabis laws, visit the federal government’s Cannabis in Canada website.

Homeowners, renters, and drivers are all hazy on the rules.

Read more

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