General Cap For Damages

In Alberta a successful court challenge was made to the general damages cap for minor damages being $4000. However, this summer the Alberta Court of Appeal overturned the decision and found that the cap on damages did not violate the constitutional rights of injured car victims in Alberta.

The decision is Morrow v. Zhang, [2009] ABCA 215

The courts rationale was based on the fact that while injured parties lost the right to compensation they were given access to an enhanced accident benefits system.

The Nova Scotia Court of Appeal is expected to also rule on the issue of a $2,500 cap for damages in the case of Hartling et al v. Nova Scotia It’s anticipated that the decision will be out sometime in Christmas.

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