United States tourist suing over 2017 fall at historic Nova Scotia lighthouse
An American tourist who alleges she was injured in a fall at Nova Scotia's historic Five Islands Lighthouse in July 2017 can proceed with her lawsuit, a Nova Scotia judge has ruled.
Mary Riddle of Pennsylvania is suing the Municipality of the County of Colchester and the Five Islands Lighthouse Preservation Society for unspecified damages. She claims she fell onto the second floor of the lighthouse from an internal ladder to the observation deck, but the extent of her injuries is not mentioned in a court ruling issued Thursday.
Supreme Court Justice C. Richard Coughlan said Riddle is suing the county for negligence and breach of duty under the Municipal Government Act.
The municipality applied to get the lawsuit thrown out by arguing it shouldn't be responsible for the conditions inside the lighthouse, but Coughlan dismissed the motion.
"In this proceeding I have found there are genuine issues of material fact to be determined," the judge wrote. "I am not prepared to deny Ms. Riddle's right to pursue her claim against the municipality." The judge said he would schedule a hearing at a later date.
The wooden, "pepper pot" lighthouse was built in 1913 at Sandy Point, N.S., on the Bay of Fundy's Minas Basin, and was relocated to its current location at the Five Islands Lighthouse Park in 2008. The county owns the land but the lighthouse is operated by the Five Islands Lighthouse Society through a lease with the municipality.
The society, Coughlan wrote, agreed in the lease to use the lighthouse as an ecotourism site and to be responsible for maintaining the building in a "professional and safe manner" with appropriate signage "to the satisfaction of the municipality." The municipality, meanwhile, agreed to maintain adequate fire and liability insurance for the "benefit of the parties as their interest may appear."
The judge said that while the lease continues to be in force, "there is no evidence the society has ever provided signage to the municipality for approval."
The judge said that prior to Sept. 9, 2019, the municipality did not perform work inside the lighthouse and that the society did not report to it concerning lighthouse operations. The society, Coughlan added, didn't seek or obtain authorization to conduct work inside the structure.
He said that when the municipality received Riddle's complaint from the Nova Scotia Department of Labour, it didn't notify the society or require it to "remedy the situation." Coughlan, however, said the municipality told the society that no one was to use the internal staircase of the lighthouse and that locks should be placed on the internal staircase hatch and the exterior door of the building.
"Did the municipality have responsibility for control over the condition of the premises or the persons allowed to enter the premises -- in this case the lighthouse?" the judge asked. That question, he said, is a "genuine issue of material fact for trial."
The Five Islands Lighthouse has been closed to the public since September 2019.
This report by The Canadian Press was first published Jan. 27, 2023.
CTVNews.ca Top Stories
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Rookie goalie Arturs Silovs to start for Canucks in Game 1 vs. Oilers
Rookie goalie Arturs Silovs will start in net for the Canucks as Vancouver kicks off a second-round series against the Edmonton Oilers Wednesday night.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
B.C. theatre to pay $55K to neurodivergent actor in discrimination case
British Columbia's human rights tribunal has awarded a neurodigergent actor, who was diagnosed with sensory and learning disorders, more than $55,000 after finding that a Kelowna theatre company discriminated against him because of his disabilities.