Claims (June 01, 2010)

By Canadian Underwriter | May 31, 2010 | Last updated on October 1, 2024
1 min read

SUPREME COURT EFFECTIVELY UPHOLDS NOVA SCOTIA’S MINOR INJURY CAP

The Supreme Court of Canada has effectively upheld Nova Scotia’s $2,500 cap on minor auto injury claims.

The Supreme Court on May 27 dismissed leave to appeal a December 2009 decision by the Nova Scotia Court of Appeal that confirmed the constitutionality of the province’s minor injury cap.

The Supreme Court does not give reasons for dismissing leave applications.

That effectively means the end of the line for the Charter challenge against the province’s cap, which has been in play for almost five years.

The Nova Scotia Court of Appeal found that although the cap “disadvantaged” minor injury claimants, in the sense that they could only collect Cdn$2,500 for their types of injuries, the presence of the disadvantage did not necessarily mean discrimination under the Charter.

Canadian Underwriter