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ARTICLE · 30 MAY 2018

Clarification Of "Cap" Injuries In Alberta Motor Vehicle Accidents

McLennan Ross LLP
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For the first time since the Minor Injury Regulation (MIR) came into force in 2004 there has been a change to the definition of what constitutes a minor injury.

CanadaInsurance
Alexis Moulton
Alexis Moulton
Richard Wong
Richard Wong
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For the first time since the Minor Injury Regulation (MIR) came into force in 2004 there has been a change to the definition of what constitutes a minor injury.

On May 17, 2018, the Government of Alberta amended the MIR to ensure that everyone has a clear understanding of which minor injuries are covered by the MIR. In addition, technical amendments were made to the Automobile Insurance Premiums Regulation (AIPR) and Automobile Accident Insurance Benefits Regulation (AAIBR).

Some people will remember the 2012 Alberta Court of Queen's Bench decision in Sparrowhawk v. Zaplontinsky wherein Justice Shelley determined that injury to a person's jaw and teeth, arising from a motor vehicle accident, were injuries that fell outside the cap on soft tissue damages.

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