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
NEW What Canada is doing about the toxic forever chemicals in drinking water
As the United States sets its first national limits on toxic forever chemicals in drinking water, researchers say Canada is lagging when it comes to regulations.
Arrest made, manslaughter charge pending in 2022 death of Calgary toddler
Calgary police have arrested a man and a charge is pending in connection with the death of a toddler in 2022.
Prince William returns to public duties after wife Kate's cancer revelation
Prince William will return to public duties on Thursday for the first time since his wife Kate revealed she was undergoing preventative chemotherapy for cancer.
How to avoid the trap of becoming 'house poor'
The journey to home ownership can be exciting, but personal finance columnist Christopher Liew warns about the trappings of becoming 'house poor' -- where an overwhelming portion of your income is devoured by housing costs. Liew offers some practical strategies to maintain better financial health while owning a home.
Where did the gold go? Crime expert weighs in on unfolding Pearson Airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Russia reports downing 5 Ukrainian military balloons in Kyiv's latest apparent war innovation
Russian air defences downed what authorities described as five Ukrainian balloons overnight, the defence ministry in Moscow said Thursday, as the sides kept up long-range strikes that have featured heavily in what has largely become a war of attrition.
Frustrated farmers are rebelling against EU rules. The far right is stoking the flames
Mainstream political parties failed to act on European farmers' complaints for decades, one farmer says. Now the radical right is stepping in.