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ARTICLE · 19 MARCH 2015

Further Clarity Regarding The Minor Injury Regulation

Miller Thomson
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Since 2004, Plaintiffs who have sustained soft tissue injuries in motor vehicle accidents in Alberta have faced the challenge of determining whether their injuries fall within "the cap" on minor injuries...

CanadaLitigation, Mediation & Arbitration
Cynthia Carels
Cynthia Carels
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Since 2004, Plaintiffs who have sustained soft tissue injuries in motor vehicle accidents in Alberta have faced the challenge of determining whether their injuries fall within "the cap" on minor injuries, as prescribed by the Minor Injury Regulation, Alta Reg 123/2004 .

Miller Thomson's personal injury group  monitors decisions in the courts, so we can advise our clients as to whether or not "the cap" likely applies to the facts of their case. In February 2015, another case made its way onto the public record, which offers us further guidance: McLean v. Parmar, 2015 ABQB 62 ("McLean"). 

In McLean, the 29 year old Plaintiff was hit by a City of Calgary bus that went through a red light on January 11, 2008. The Court determined the accident left her with a severe soft tissue injury to her neck, shoulders and back, as well as headaches, dizziness, TMJ dysfunction, PTSD, depression, and chronic pain that lasted about 2.5 years. Unfortunately, at that point, the

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