EDMONTON, June 12 /CNW/ - The Canadian Bar Association (CBA) is
disappointed with the Alberta Court of Appeal's decision to overturn the Court
of Queen's Bench ruling against provincial legislation capping injury
compensation. The appeal was requested by the Alberta Government and the
"A compensation cap denies the right of Albertans to access justice,"
said Tom W. Achtymichuk of the CBA's Alberta Branch. "We strongly believe that
it is every Albertan's right to access the justice system to determine fair
compensation for their injuries."
"In our view, the public would have been better served if the government
had created opportunities to work with the CBA and others to develop a system
that is fair and that does not discriminate against a group of injured
people," explained Achtymichuk.
Compensation for pain and suffering from many injuries resulting from
automobile accidents is currently capped at $4,000. However, Court of Queen's
Bench ruling found this cap in violation of the Canadian Charter of Rights and
In June 2008, the CBA published a report that found the automobile
insurance industry would continue to be highly profitable even if the $4,000
cap on payments for soft tissue injuries were removed. The study - Alberta's
Minor Injury Regulation: Automobile Insurance Profits, Premium Rates, and
Costs - was prepared independently for the CBA by Economica Ltd.
The CBA is dedicated to improvement in the law, the administration of
justice, and support for the rule of law. Some 38,000 lawyers, law teachers,
and law students from across Canada are members.
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For further information: Daorcey Le Bray, NATIONAL Public Relations, Ph: