Don McGarvey, Partner
On February 25, 2008, Associate Chief Justice Wittmann heard an application of the Government of Alberta to stay the decision of Morrow v. Zhang. In the original decision released on February 8, 2008, the Court held that the Minor Injury Regulation and the $4000 cap on non-pecuniary general damages imposed by the regulation, were unconstitutional as infringing on equality rights guaranteed by Section 15(1) of the Canadian Charter of Rights and Freedoms.
Associate Chief Justice Wittmann heard the stay application and was of the view that the applicants didn't meet the test for a stay. In particular, he found that there was insufficient evidence that without the stay, there would be irreparable harm suffered. Further, the balance of convenience, another consideration in a stay application, favoured the Plaintiffs.
Therefore, the stay was denied and the decision of February 8 in Morrow v. Zhang, declaring the Minor Injury Regulation invalid, remains in effect. There is no $4000 cap in effect for minor injuries in Alberta.
There is no telling when the main appeal will be heard or when the appeal of the stay application (if launched) will be heard, but McLennan Ross will attempt to keep you advised as matters continue to develop.
This alert is a general overview of the subject matter and cannot be regarded as legal advice. Please contact Alexis Moulton at amoulton@mross.com, Dave Risling at drisling@mross.com, or any member of our Insurance Practice Group for further advice on this or any other Insurance Law matter. |
Printer friendly version