Alberta court strikes down cap on minor auto injuries

Alberta’s Court of Queen’s Bench has struck down the Cdn$4,000 cap on minor injuries that arise from the use or operation of a motor vehicle, deeming it to be unconstitutional.
In Morrow v. Zhang, two plaintiffs, Peari Morrow and Brea Pederson, suffered soft tissue injuries arising out of two separate automobile accidents, Associate Chief Justice Neil Wittmann wrote in his decision.
The plaintiffs challenged the constitutionality of the Minor Injury Regulation (MIR). The MIR imposes a $4,000 cap on non-pecuniary damages with respect to minor injuries that are caused by an accident arising from the use or operation of a motor vehicle and that do not result in serious impairment.
“Specifically, they submit that their rights under s. 7 and s. 15(1) of the Canadian Charter of Rights and Freedoms have been violated as a result of the MIR,” Justice Wittmann wrote.
Section 7 protects a person’s right to sue a tort-feasor for the recovery of damages for pain and suffering. Section 15 deals broadly with the right not to be discriminated against, and the litigants argued the cap discriminated against people who suffered minor injuries in auto collisions.
Wittman ruled the cap did in fact constitute “an unjustifiable breach of the s. 15(1) equality rights of minor injury victims based on the enumerated ground of disability,” and that “the appropriate remedy for this case is the nullification of the MIR.”
With the cap declared invalid, Morrow was awarded non-pecuniary damages of Cdn$20,000 together with the agreed Cdn$1,000 for special damages for a total of $21,000. Pederson was awarded non-pecuniary damages of Cd$15,000.