It’s a new year, and that means an adjustment to Alberta’s minor injury cap – the compensation that an injured car accident victim can receive for certain minor injuries.
When it comes to Personal Injury Law, experience matters. Every case is unique, but over time, a lawyer will be exposed to many types of claims, and will gain insight and experience from the similarities and differences between them.
The aim of this paper is to provide an overview of Alberta’s Minor Injury Regulation and a comparison with the parallel legislative schemes in New Brunswick, Nova Scotia and Prince Edward Island. The purpose of the Minor Injury Regulation is to limit the recovery of a plaintiff for pain and suffering relating to “minor injuries” sustained in a motor vehicle accident. In effect, this has limited the discretion of the judiciary in assessing damages and seems to fly in the fact of the core principle underpinning tort law, restitutio in integrum.
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