The Limitation Period For The Alberta Minor Injury Regulation

McIntyre v Babin, 2009 NBQB 65 is an interesting decision which may impact upon the limitation period that will be applied by Alberta Courts for Minor Injury Regulation claims.

In Ontario, claimants who sue for personal injuries must, in order to bring a lawsuit, surpass a threshold and establish that the accident in question has produced "serious disfigurement" or a "serious impairment".

This is different legislation than in Alberta as, under the Alberta Minor Injury Regulation, a claimant's damages for personal injuries and other forms of general nonpecuniary damages are capped unless they sustain spinal dislocation, spinal fracture, a form of whiplash that involves objective neurological signs or the injuries constitute a "serious impairment".