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Miramichi couple thankful to be alive after snowmobiles sink in river

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Tom King had travelled the Miramichi River on his snowmobile countless times before. So he and his wife, Darcie Stewart-King, didn’t think much of making a journey up the river on Friday night.

The conditions looked good. There had been a few cold days and they were following the tracks of someone who had done it recently.

Now they are thankful to be alive after both plunged through the river surface in an icy dunking.

« Just as we’re heading up we got to an area and I looked and didn’t like the way it was looking, » King said. « And I veered over and the next thing my sled was bogging and bogging and it was going out from underneath me because it was floating. It actually dropped way below — gone. »

Snowmobile was submerged

King was in the water, surrounded by ice, with his snowmobile submerged.

« I was trying to get over to the ice and trying to get up onto the ice, » he said. « And it was breaking away from me and all I could do was kick in and think, ‘I got to get out of here.' »

He thought Darcie was safe, but worried she would try to come to his rescue. « So I was worried for her. And I was worried for our children. »

King harnessed a final burst of energy and pulled himself out of the water and onto the ice. He pulled off his helmet and gloves and started calling for his wife. He hoped that she had veered off and that she wasn’t in the water.

« I looked around and I couldn’t see Darcie. I couldn’t see any light so then I started calling her name. »

He called her name four or five times before she answered. She was about 90 metres behind him, stuck in the water. He tried to dial 911 but his phone, either because of the water or the cold, wouldn’t work.

« So I was crawling out to her and and she kept saying, ‘Don’t come any closer. Don’t come any closer, our daughter needs one parent — at least there’s one of us,’ because up until this point, she thought I was dead. »

Stewart-King was able to get her arms onto the ice. When her husband got a little closer, she threw her phone to him.

Soon heard sirens

« I couldn’t access her phone because my fingers were so cold that I couldn’t access her code, but I was able to hit the emergency button and call 911. »

Soon, King said they started to hear sirens. Then, on the Chatham Head side of the Morrissy Bridge, they saw a light.

« The light started to get closer and then we just said, ‘No, don’t come closer, just get help.’ And when the light got closer she said, ‘I am the help.' »

Const. Julie O’Donnell had been in the area and arrived before the rest of the first responders.

« She’s a little smaller frame than I am … and she was able to get a hold of Darcie’s arms. And then I was able to get a hold of her and, between the two of us, we were able to pull Darcie out of the water. »

Police officers, firefighters and paramedics soon arrived and the couple was taken to hospital. Stewart-King was kept overnight as her core temperature was low. Now they’ve both been released.

King isn’t sure what exactly went wrong.

« Traditionally, there’s fast water underneath the Morrissy Bridge and maybe it was fast water that didn’t freeze. I was following another track going up, So and then I saw where things changed. The ice may have cracked, there could’ve been a high tide — anything could have happened, »

Conditions hard to predict

Scott Ralston, president of the New Brunswick Federation of Snowmobile Clubs, said this winter it has been particularly difficult to predict what conditions will be like off the trails.

« This year certainly has been a little different because we’ve had a couple of thaws and there’s been some some high water late in December and it certainly affects the safety of river crossings, » he said. « And, some areas of the province, actually the ice broke up and started to flow. So it certainly kind of plays havoc. »

Ralston said drivers should stick to the trails and marked crossings to ensure their safety.

What happened Friday night hasn’t affected King’s love for the sport. He said he would get on a snowmobile today if he had one.

« We just happened to be in a snowmobile accident — our lives didn’t end, they very well easily could have. But they didn’t. So life has to go on. »



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Personal Injury firm to pay an estimated $4 million to settle class-action with former clients

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A personal injury law firm has agreed to pay an estimated $4 million to settle claims that the firm double-dipped from the settlements of nearly 1,800 accident victims it represented.

The settlement between Neinstein & Associates LLP, a prominent personal injury law firm, and its clients was approved Wednesday by Justice Paul Perell.

Cassie Hodge, one of nearly 1,800 accident victims who joined a class-action lawsuit against Neinstein & Associates LLP. The firm has agreed to pay an estimated $4 million to settle the claims.
Cassie Hodge, one of nearly 1,800 accident victims who joined a class-action lawsuit against Neinstein & Associates LLP. The firm has agreed to pay an estimated $4 million to settle the claims.  (Andrew Lahodynskyj / Toronto Star)

Perell’s sign-off on the settlement effectively ends a class-action lawsuit that was certified in June 2017 but never made it to trial.

At the time the class-action commenced, lawyers working on contingency — “you don’t pay unless we win” — were not allowed to take a sum of money called “costs” in addition to a percentage of the settlement, according to the Solicitor’s Act governing lawyers.

In 2012, the roughly 1,800 class members alleged that Gary Neinstein and the law firm breached provincial law and their “fiduciary duties because they charged an amount for costs” in addition to the fee spelled out in their contingency fee agreement, according to Perell’s settlement approval decision. The firm denied the allegations.

Jeff Neinstein, managing partner of Neinstein Personal Injury Lawyers, told the Star in an email his firm is “pleased that this issue has been resolved.”

“We appreciate the trust and confidence that our clients have continued to place in us and we remain dedicated to providing compassionate legal representation for all victims across Ontario.”

During a brief hearing in a second-floor courtroom at downtown Toronto’s Osgoode Hall, Perell additionally approved $1 million in legal fees and assorted charges incurred during the litigation for plaintiff lawyers Peter Waldmann and Andrew Stein, plus a $10,000 honorarium to accident victim Cassie Hodge, the 46-year-old mother of two at the heart of the case.

Waldmann, who represented Hodge and the other class members, said the settlement is “a compromise,” but he is pleased the accident victims are getting some remedy.

A Star investigation that began in 2016 found personal injury lawyers in Ontario had routinely taken their fees then also taken the “costs,” which a Divisional Court judge had called “double dipping.” As a result, the Star story said, many Ontario residents had been overcharged thousands of dollars and likely did not know it.

On the heels of the Star’s findings, the Law Society of Ontario decided to make changes to the way personal injury lawyers can advertise their services, bill their clients and charge and collect referral fees.

“When this issue was first raised, it became clear that there was confusion regarding the interpretation of the Solicitors Act,” Jeff Neinstein said Wednesday. “We took these concerns very seriously. We worked collaboratively to ensure that these issues were responsibly addressed. We are proud of the work that we do and continue to promote access to justice.”

In his settlement approval order, Justice Perell said negotiations between both sides were “intensive.” He said the settlement is “a good result for the class particularly having regard to the litigation risks and the long litigation road that would await them.”

As part of the settlement, a class member could get 30 per cent of what Neinstein referred to on his accounts as costs, the court said, provided she or he signed or amended a contingency fee agreement with the firm after October 1, 2004 and paid their fees before December 9, 2015.

Their cases must also have settled for at least $40,000 and their bills included at least $15,000 for an amount the firm called “party and party costs,” “partial indemnity costs” or another term using equivalent language.

Perell said that he awarded Hodge the honorarium to pay her personal expenses during the case and “to acknowledge her extraordinary contribution.”

Hodge’s battle against Neinstein began in 2010 after the law firm settled her car accident case for $150,000, sending her a final account that included charges for “legal fees” of $30,326 and “costs” of $30,000. She was also charged for $48,924 of “disbursements,” charges incurred by the lawyer in the course of litigation, which included $4,008 for photocopies, $2,791 for “laser copies,” and $1,372 for “interest recovery,” according to an earlier appeal court ruling that upheld the certification of the class.

Hodge alleges she was left with a fraction of her settlement.

Hodge had retained the Neinstein firm after a 2002 accident that left her with a concussion, whiplash, a retinal tear, soft tissue injures and chronic pain.

“Justice is served,” Hodge said outside the courtroom after the hearing. “Now people are aware of what was happening at law firms, and they know that they do have recourse.”

Michele Henry is a Toronto-based investigative reporter. Follow her on Twitter: @michelehenry

Kenyon Wallace is a Toronto-based investigative reporter. Follow him on Twitter: @KenyonWallace or reach him via email: kwallace@thestar.ca



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Westmount Park Elementary School students to be temporarily relocated to 2 separate buildings – Montreal

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A contentious plan to split Westmount Park Elementary School students up during a two-year renovation blitz is officially moving forward.

The English Montreal School Board (EMSB) announced at a special meeting on Wednesday that students will be temporarily transferred to two different buildings for the duration of the project.

READ MORE: English Montreal School Board parents weigh in on disputed school moves

Students will be relocated to Marymount Academy in Notre-Dame-de-Grâce and the former St. John Bosco Elementary School in Ville Émard for the 2019-20 and 2020-21 academic years.

Both locations will house kindergarten to Grade 6 students in order not to split up siblings, according to the school board.

The $12.5-million overhaul of the elementary school, which was built in 1913, will fix major structural issues.

READ MORE: Parents voice concerns over relocation of students at Westmount Park School

The plan has been met with both praise and concern from parents at school board meetings. Some said they were worried about where their kids will be transferred and separated from their friends.

At a consultation meeting last week, parents of Marymount students also voiced concerns over taking in hundreds of Westmount Park students.

WATCH: Westmount Park Elementary School students will have to move out of their school for two years






New French immersion school delayed

After announcing last October it would open a new French immersion school in NDG in September 2019, the school board says those plans have now been pushed back.

The elementary school was slated to open at 4850 Coronation Ave. — but now that building could instead house students from three other EMSB schools that are currently overcrowded.

READ MORE: English Montreal School Board plans to open new French immersion school in NDG

The EMSB says it is considering its options and that it will consult with the schools and their committees.

A decision is expected to be made by the school board’s council of commissioners on Feb. 20.

— With files from Global’s Elysia Bryan Baynes

© 2019 Global News, a division of Corus Entertainment Inc.



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RCMP seek help finding Canadian actress and nephew ‘considered missing’ from Kamloops since Sunday

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Kamloops RCMP are asking for the public’s assistance locating a six-year-old boy and his 28-year-old aunt, actress Roseanne Supernault

RCMP say they received a report on Sunday to check on the well-being of Nikaeo Supernault who was being looked after by his aunt.

They say the boy and his aunt have not been in contact with the boy’s mother since Jan. 13, and the pair is « considered missing. »

Police say they believe the boy is with his aunt.

Roseanne Supernault, a Métis/Cree actress, has starred in several TV series, including Blackstone, Strange Empire and The Drive, as well as the independent film, Neither Wolf Nor Dog.

Metis/Cree actress Rosanne Supernault in the film Neither Wolf nor Dog that played in select theatres across Canada in 2017. (InYo Entertainment)

Police describe six-year-old Nikaeo as three feet six inches tall, 45 pounds with light brown hair, brown eyes and wearing a blue jacket, black pants and tan boots.

His aunt, Roseanne, is five feet seven inches tall, 190 pounds, dyed blonde hair, brown eyes, wearing a black jacket with white fur on the hood, jeans and black boots.

The Kamloops RCMP is asking anyone with information on their whereabouts to contact them at 1-250-828-3000 or make an anonymous report to Crime Stoppers at 1-800-222-8477.



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