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ARTICLE · 24 MAY 2018

Minor Injury Regulation Changes

Changes to the Minor Injury Regulation (AR 123.2004) ("MIR") are expected shortly, which clarify certain misinterpretations of the wording of the MIR to date.

CanadaLitigation, Mediation & Arbitration

Changes to the Minor Injury Regulation (AR 123.2004) ("MIR") are expected shortly, which clarify certain misinterpretations of the wording of the MIR to date.

Although the wording of the regulation has always made it clear that injuries to muscles and ligaments are minor injuries, Courts have been unwilling to apply this wording to the jaw structure. The wording of the original regulation suggested that injuries to the cartilaginous TMJ disc or fractures to the bone would not fall within the definition of minor injury, but sprain, strain and other injury to the muscles and ligaments of the jaw structure would. Instead, the courts have simply indicated that the MIR did not apply to the jaw at all.  

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