Alberta Court of Appeal Upholds the Cap on Minor Injury Claims

The Court of appeal overturned Chief Justice Wittmann’s ruling that the cap on pain and suffering for minor injuries sustained in a motor vehicle accident was unconstitutional. The Court of Appeal determined that the Minor Injury Regulation which caps recovery of non-pecuniary damages at $4,000 (adjusted for inflation), does not violate provisions of the Charter of Rights and Freedoms.  The decision noted that Judge Wittman failed to take into account the total of all the legislative revisions that provided a scheme that meets the needs of the claimants by allowing for individualized assessments and by providing for appropriate treatment for minor injury victims. There has been no decision yet as to whether or not this decision will be appealed to the Supreme Court.