Legal Research

Insurance Cap will remain in place in Alberta

By Shaunna Mireau

The Supreme Court of Canada dismissed (with costs) the appeal in Morrow v. Zhang (33311). The appellate decision concluded this about Alberta’s Minor Injury Regulation at para. 149:

The MIR, when considered with the entire scheme of insurance reforms, does not infringe section 7 or 15 of the Charter. While the legislation does make a distinction on the basis of disability, it is not discriminatory. The legislation, as a whole, responds to the needs and circumstances of those suffering minor soft issue injuries.

Background reading:

• Alberta Courts Uphold Minor Injury Cap in Morrow v. Zhang theCourt.ca August 24, 2009
• Alberta insurance cap unfair to victims, critics argue CBC June 13, 2009
• Auto Report 2009 Legal view on Alberta and Nova Scotia Caps Canadian Insurance May 18, 2009

Hat tip to Field LLP Partner Christine Pratt who shared the news.

Full post as published by Slaw.ca on December 17, 2009 (boomark / email).