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Alberta court upholds soft-injury payout limits

Provincial lawmakers imposed limits on payouts of non-economic damages in cases of strain, sprain and whiplash; as Colby Cosh notes at Canada's National Post, a trial judge proceeded to pluck the rule in question "from its setting of incentives and other regulations, and found that, considered in isolation, it tended to discriminate against the Charter-protected class of soft-tissue injury sufferers. The Court of Appeal was unimpressed by this method of analysis" and reinstated the limit, noting that it was part of a larger scheme of regulation that included advantages for injury victims.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.