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Canadian Bar Association demands lift on NB injury cap


March 23, 2007   by Canadian Underwriter


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The Canadian Bar Association (CBA) has asked the New Brunswick government to re-think the $2,500 cap on minor and soft-tissue injuries following a recent decision in the Court of Queens Bench that upheld the cap, the Chronicle Herald reported.
The bar association made the request after the ruling in the case of Patrick Rossignol, who was involved in a 2004 motorcycle accident in which he was not at fault.
Rossignol, 17 at the time, suffered multiple fractures to his leg in the accident, and in his court claim cited severe emotional trauma, the Chronicle Herald reported.
The judge deemed Rossignols injuries minor in accordance with the provinces insurance regulations and awarded him the maximum $2,500.
Our question to the government is, what are the parameters of the word minor? Rene Basque, president of the CBAs New Brunswick branch, asked.
Basque has also reportedly written to Justice Minister T.J. Burke asking for changes to the cap.
It is necessary to amend this legislation to reach a proper and equitable balance between reasonable insurance rates and fair compensation for injuries, Basque told the Chronicle Herald.
Don Forgeron of the Insurance Bureau of Canada in Halifax told the newspaper that he believes that overall consumers are satisfied, pointing to recent rate reduction of 13.5% in the province of New Brunswick.
Consumers feel a proper balance has been struck, Forgeron commented.
The goal was to reduce premiums. They have been reduced in New Brunswick more than any other province in the country.


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