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Supreme Court’s refusal to hear appeal efectively upholds Alberta’s Cdn$4,000 cap on minor auto injuries


December 17, 2009   by Canadian Underwriter


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The Supreme Court of Canada has upheld Alberta’s Cdn$4,000 cap on minor auto injuries.
By refusing to hear any further appeal of the Alberta Court of Appeal’s decision, which  found the province’s cap on minor auto injuries was constitutional, Canada’s top court has effectively closed the final avenue for appeal against an important component of the province’s 2004 auto reforms.
“We are pleased the Supreme Court of Canada has decided not to hear this case, therefore finally putting to rest any questions about the constitutional validity of Alberta’s auto insurance system and helping ensure auto insurance remains affordable and accessible for Albertans,” Alberta Minister of Finance and Enterprise Iris Evans said in a statement.
“We believe we have a well-functioning auto insurance system that strikes a fair balance between those who pay insurance premiums and those who are injured in automobile accidents.
“The unanimous decision by the Alberta Court of Appeal, which is now the final word on the case, supports this and confirms that the province’s auto insurance system responds to the needs and circumstances of those suffering minor injuries.
“The decision by the Alberta Court of Appeal also recognizes government’s legitimate concern with the affordability of insurance, the potential increase of uninsured drivers, and the need to ensure accessibility to treatment.”