Summary Judgment And The "CAP" – A New Decision Regarding The Minor Injury Regulation

Field LLP was recently involved in a precedent setting case of interest to auto insurers concerning the viability of Certified Examinations as a way to compel summary determination of "CAP" injuries. Field LLP represents the Defendant driver in an action involving a rear-end motor vehicle collision which occurred November 26, 2004. All medical evidence available indicated that the Plaintiff's injuries were governed by the Minor Injury Regulation, Alta. Reg. 123/2004 (the "MIR"). Stacey Lee-Szott of our offices sought instructions from the insurer to proceed with an assessment by Certified Examiner Dr. vanZuiden pursuant to s.8(1) of the MIR. Following his assessment in January 2010, Dr. vanZuiden concluded the Plaintiff's injuries were "minor" as defined by the MIR. The Plaintiff did not obtain or produce any medical evidence to rebut Dr. vanZuiden's opinion. The Defendant took the position that an application for summary judgment on the issue of non-pecuniary damages