Quote:
Originally Posted by troutman
The Supreme Court of Canada has announced it will not hear an appeal regarding Alberta's minor injury cap.
I am a bit surprised by this - there was a similar challenge in Nova Scotia, so I thought this would be of sufficient "national importance".
What happens next? I suppose cases would will be litigated on the grounds that the plaintiff's injuries are not "minor injuries", as this term has been vaguely defined.
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Earlier this week, the Nova Scotia Court of Appeal released their decision upholding the cap in that province:
http://www.cbc.ca/canada/nova-scotia...ap-upheld.html
http://www.courts.ns.ca/decisions_re...009nsca130.pdf
As you may recall, the cap in Nova Scotia was upheld at first instance and upon appeal. Here in Alberta, the cap was first struck down and then restored by our Court of Appeal.
Now that the Supremes have decided not to hear the appeal from Alberta, I can't imagine they would hear the Nova Scotia appeal either (if one was launched) unless there was some other glaring deficiency in the reasons of the Nova Scotia Court of Appeal.