Minor Injury? I Don’t Think So!

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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