It was all the wrong moves for a British Columbia woman who claims her right hip and leg injuries resulted from being negligently physically manipulated by an instructor during a yoga class in April 2010.
Amanda Jones, a lifeguard and fitness instructor, filed a notice of civil claim in the Supreme Court of British Columbia against Desiderata Services Inc., doing business as Bikram Yoga, and Jane Doe, an unnamed yoga instructor and employee, agent or contractor of the business.
Jones seeks from each of the defendants damages for non-pecuniary loss, loss of income and special damages for past and future expenses; damages for recovery of health care services; and associated interest and costs, notes the claim, dated Apr. 17, 2012.
Jones alleges that while posing during a yoga class at the company’s studio in Richmond, B.C, an instructor manipulated her right leg, resulting in her injuries.
The allegations contained in the statement of claim have not been proven in court.
The claim submits that Bikram Yoga failed to properly supervise its instructor, failed to hire qualified instructors and failed to put in place policies regarding instructors’ physically manipulating students.
The instructor physically manipulated Jones’s leg in a negligent manner, without being properly qualified or trained to do so, and failed to warn the plaintiff of risks associated with said manipulation, the claim states. Therefore, the plaintiff believes Bikram Yoga is vicariously liable for the actions of the instructor.
The plaintiff claimed she suffered injury and damages as a result of the breach of duty of care, adding the injuries have caused and will continue to cause, pain, suffering and loss of enjoyment of life.
If served a civil claim in Canada, a defendant’s response must be filed and served on the plaintiff within 21 days after that service.
Courtesy of Canadian Underwriter magazine www.canadianunderwriter.ca
Sincerely,
The Insurance Advisors @ Guthrie Insurance Brokers Ltd
Toronto- (416) 487-5200 – 1-888-310-SAVE (7283)
www.GuthrieInsurance.com - info@GuthrieInsurance.com
E & O E
Introducing Legal Expense Insurance for business. A welcome solution to the unforeseen costs of legal disputes.
February 6, 2012
Wouldn’t it be great if operating your business was as straightforward as providing the best product or service, and striving to exceed your customers’ expectations?
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Sincerely,
The Insurance Advisors @ Guthrie Insurance Brokers Ltd
Toronto – (416) 487-5200 – 1-888-310-SAVE (7283)
www.GuthrieInsurance.com - info@GuthrieInsurance.com
E & O E
Workplace fraud affected roughly one-quarter of Canadian small- and medium-sized businesses in 2010, costing an estimated $3.2 billion, according to a survey by the Certified General Accountants Association of Canada (CGAAC).
Roughly 290,000 companies were victims of at least one instance of workplace fraud last year, the survey found.
Of those companies surveyed, 59% do not undertake periodic assessments of the risks of fraud and 74% believe their exposure to occupational fraud is low.
The survey suggests the vast majority (80%) of respondents were not prepared to respond to occupational fraud.
The most common type of workplace fraud cited by small and medium enterprises (SMEs) is misappropriation of inventory or assets, followed by misappropriation of cash. Of those companies that experienced the types of fraud listed above, at least one-fifth confirmed that the fraud occurred four or more times in the last fiscal year, the CGAAC survey reported.
More than 80% of the SMEs reported losses of up to $5,000. While the monetary losses may not seem large, the CGAAC cautioned that workplace fraud can cause significant long-term damage for organizations.
“Sixty-one per cent of victimized companies say that fraud negatively affects employee morale,” the survey says. “Business relationships, company reputation, company valuation and public and client trust are also adversely affected.”
