Industry hails Alberta cap decision, awaits possible appeal

The insurance industry is hailing the Alberta Court of Appeal’s decision to uphold the minor injury regulation (MIR) as a victory, but admits there is still a cloud of uncertainty.“We feel our auto insurance is a good system and today’s unanimous Court of Appeal decision supports this, and confirms that the government’s auto insurance system as a whole responds to the needs and circumstances of those suffering from minor injuries,” Alison Redford, minister of justice and attorney general of Alberta, said in a press conference.Insurance Bureau of Canada (IBC) vice president, general counsel and corporate secretary Randy Bundus agrees. But, he adds: “There’s always uncertainty about whether or not it will go to the Supreme Court of Canada.” Bundus remains hopeful the trial lawyers behind the cap challenge “would do the right thing for drivers of Alberta and not appeal, because all an appeal does is add uncertainty for awhile longer and the rate board will set its annual adjustment with that uncertainty in mind,” he says.“But, deep in my stomach, I feel that [the trial lawyers] will seek leave to appeal… Win or lose, the uncertainty is still there. It’s just a lot nicer to be the respondent in the appeal than to be the appellant.”The Canadian Bar Association issued a statement voicing its disappointment with the decision. “A compensation cap denies the right of Albertans to access justice,” said Tom Achtymichuk, of the CBA’s Alberta branch. “We strongly believe that it is every Albertan’s right to access the justice system to determine fair compensation for their injuries.”The CBA statement does not address the issue of seeking leave to appeal the decision to the Supreme Court of Canada (which is ultimately for the respondents in the case, Pari Morrow and Brea Pedersen, to decide).