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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

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.