The Supreme Court of Canada dismissed (with costs) the appeal in Morrow v. Zhang (33311 [1]). The appellate decision [2] concluded this about Alberta’s Minor Injury Regulation [3] at para. 149:
The MIR, when considered with the entire scheme of insurance reforms, does not infringe section 7 or 15 of the Charter. While the legislation does make a distinction on the basis of disability, it is not discriminatory. The legislation, as a whole, responds to the needs and circumstances of those suffering minor soft issue injuries.
Background reading:
- Alberta Courts Uphold Minor Injury Cap in Morrow v. Zhang [4] theCourt.ca August 24, 2009
- Alberta insurance cap unfair to victims, critics argue [5] CBC June 13, 2009
- Auto Report 2009 Legal view on Alberta and Nova Scotia Caps [6] Canadian Insurance May 18, 2009
Hat tip to Field LLP Partner Christine Pratt [7] who shared the news.