Alberta court rules against soft tissue injury claims cap, insurance rates could rise

Avatar photo

EDMONTON, Alta. — Insurance rates in Alberta could be on the rise, after a judge ruled the province’s $4,000 cap on soft-tissue injury claims is unconstitutional.

Alberta’s Court of Queen’s Bench Associate Chief Justice Neil Wittman recently ruled the cap violates the Charter of Rights and Freedoms.

“In my view, the (regulation) sacrifices the dignity of minor injury victims at the altar of reducing insurance premiums,” Wittman wrote. “Specifically, the message is that their pain is not as worthy of conventional … damages because of the nature of their injuries, despite that their injuries may be more painful and enduring than other types of injuries.”

With the threat of major injury claims looming, it’s widely expected insurance rates will increase. The province is expected to appeal the decision.

Auto insurance premiums in Alberta dropped by about 18% since the cap was put into place by then Premier Ralph Klein in 2004.

– With files from the Canadian Press

Avatar photo

Truck News is Canada's leading trucking newspaper - news and information for trucking companies, owner/operators, truck drivers and logistics professionals working in the Canadian trucking industry.


Have your say


This is a moderated forum. Comments will no longer be published unless they are accompanied by a first and last name and a verifiable email address. (Today's Trucking will not publish or share the email address.) Profane language and content deemed to be libelous, racist, or threatening in nature will not be published under any circumstances.

*