BREAKING NEWS! QB Strikes Down Cap On Minor Injuries!

[troutman]

Today Associate Chief Justice Wittmann handed down his decision in the trial challenging the Minor Injury Regulation. Justice Wittman has determined the $4,000 cap on minor injury awards is discriminatory and therefore contrary to the Canadian Charter of Rights and Freedoms.

Additional information will be forthcoming.

[Flashpoint]

A little background info? I have no idea what this is about.

[Lanny_MacDonald]

Kiss the legal system in Canada good-bye. Hockey will no longer be the national pastime, it will become litigation. More Americanization of Canada. Bleech.

[Burninator]

Originally Posted by Flashpoint

A little background info? I have no idea what this is about.

Agreed. I thought this had something to do with football when I read the title.

[jolinar of malkshor]

Wonder whats going to happen for all the past injuries?

[ken0042]

Originally Posted by Lanny_MacDonald

Kiss the legal system in Canada good-bye. Hockey will no longer be the national pastime, it will become litigation. More Americanization of Canada. Bleech.

Was it really that bad a few years ago? IIRC this law has only been on the books for a couple of years.

Flash- this is the law that says you can only sue for $4K for whiplash; as opposed to what your real losses are.

[Eddie Bronze]

Insurance companies are just going to love this. Rates on the rise again?

I heard yesterday there were 38,000 reported accidents in Calgary alone last year. How many of those had minor injuires? With no cap in place things could get out of control.

[FlamesKickAss]

Originally Posted by fotze

It was odd when they were going to regulate the insurance industry, I thought it was more for consumer protecion but it seems the insurance coampanies got a lot bigger concession than the consumers and their minimally lower insurance rates

it helped the bad driver's thats all

[troutman]

Originally Posted by Flashpoint

A little background info? I have no idea what this is about.

http://www.actla.ca/

Click news releases for background.

[SportsJunky]

My mom has a years old auto injury case that is still in discovery, it was filed just before the new $4000 cap was put in. I wonder if this might speed things along since they know more cases will be coming through again.

I actually agree with the cap but on the other hand, my mom was seriously hurt and $4000 grand doesn't come close to covering her expenses and loss of income.

[Traditional_Ale]

Originally Posted by Eddie Bronze

Insurance companies are just going to love this. Rates on the rise again?

I heard yesterday there were 38,000 reported accidents in Calgary alone last year. How many of those had minor injuires? With no cap in place things could get out of control.

Yay...lets dump more usless garbage down the throat of a system already bursting with bull that it can't handle.

I was on a peace bond years ago because me and my biological brother had a fight in our own house and I guess a neighbour called the police. We both said to the judge it was a consentual fight, but me being 18 and him 17 at the time the crown went to town.

We were in and out of court about 10 times in 12 months and through so many stupid programs and blah blah blah.

If this passes, my situation could very well have taken 5 years or more to be over!

[Slava]

As it should be. I hope that this is retroactive as well!

[Slava]

Originally Posted by SportsJunky

My mom has a years old auto injury case that is still in discovery, it was filed just before the new $4000 cap was put in. I wonder if this might speed things along since they know more cases will be coming through again.

I actually agree with the cap but on the other hand, my mom was seriously hurt and $4000 grand doesn't come close to covering her expenses and loss of income.

Loss of income is not included in the $4k....

[llama64]

Break loose the hordes of slobbering lawyers!

<starts packing for a nicer place to live>

[Sylvanfan]

Interesting my wife and I have 4 more months what to do with her auto accident injury.

She was hit by another motorist who was 100% in the wrong. But as a result she's had neck and back issues ever since. We incur about $80 a week in chiro ($95 after our AHC is maxed out on Chiro) and massage expenses and my work only covers massage for $500 a year, neither of us get Chiro and our auto insurance will give us $750. Plus it's a supreme pain in the arse to chase down 3 companies to squeeze a nickle out of them. We're incurring over $4 grand a year in expenses we never used to and qualify to get $1250 of it covered. So hell yeah, $4000 wasn't enough when we consider missed days of work, fuggered quality of life, having to make these appointments, go to these appointments and the hours wasted having to do this because some idiot ran a red light.

I'll happy pay the extra $50 a year to make sure that I get proper protection in case I do get in an accident. For all the whining they did, how much did they end up cutting rates?

[SportsJunky]

Originally Posted by Slava

Loss of income is not included in the $4k....

Well there you go. Here case has been hanging around for so long I can't even remember specifics like that anymore.

[troutman]

Let's not tar the lawyers. It was the Insurance Industry that was playing dirty pool here (while they were making record profits).

$4,000 does not come close to compensating a whip-lash injury. I don't even practice this type of law, but I understand how bad the cap was for accident victims.

I'll link the full decision when I see it.

No word yet what the government reaction is - appeal - amend law?

[Eddie Bronze]

Originally Posted by troutman

Let's not tar the lawyers.

So says the lawyer.

[Slava]

Originally Posted by troutman

Let's not tar the lawyers. It was the Insurance Industry that was playing dirty pool here (while they were making record profits).

$4,000 does not come close to compensating a whip-lash injury. I don't even practice this type of law, but I understand how bad the cap was for accident victims.

I'll link the full decision when I see it.

No word yet what the government reaction is - appeal - amend law?

I totally agree. I got hit as a young guy, and I can say that my back has never fully recovered from a "minor" injury. I can only imagine for people that get hit who are not as young and resilient!

I would imagine that the government will plug this hole in the legislation. Would the "easy" fix be to say that NO injuries are worth over $4k as opposed to auto accidents?

[habernac]

There are some people that will definitely abuse the system. And there are also many like my Mom. Because of an impatient, innattentive driver she will have neck and back pain for the rest of her days. And a $4000 maximum award is an insult for cases like that.