CBA supports Alta court decision to nullify injury cap

The Canadian Bar Association (CBA) has voiced its disappointment with the Alberta government’s decision to appeal the recent court decision abolishing the $4,000 cap on minor automobile injuries.
“This cap denies the right of Albertans to access justice,” said Tom W. Achtymichuk of the CBA.
“We strongly believe that it is every Albertan’s right to access the justice system to determine fair compensation for their injuries.”
Achtymichuk continued that he believed the public would be better served if the government created opportunities to work with the CBA, to “develop a system that is fair and that does not discriminate against a group of injured people.”
He added: “We hope that in appealing, the government is not closing the door on those opportunities.”
Late last week Alberta Court of Queen’s Bench Associate Chief Justice Neil Wittmann found that the government’s Cdn$4,000 cap on minor injuries incurred in an automobile accident was unconstitutional under s. 15 of the Charter.
In response to the decision, Alberta Premier Ed Stelmach told reporters in a scrum that the government would seek a “stay” of the court ruling, meaning the decision would not take effect pending the outcome of the government’s appeal.
Insurance Bureau of Canada general counsel Randy Bundus said in a statement, “we are grateful to learn that Premier Stelmach has announced that the government of Alberta will be appealing the recently announced ruling on the Minor Injury Regulation.
The IBC will be participating as an intervener in the appeal because it believes that maintaining reasonable limits on the cost of minor injuries is the best way to provide affordable and accessible auto insurance to Albertans.