Cyre (Next Friend of) v Knol, 2006 ABQB 560

The Defendant Applicant applies for an Order pursuant to the Minors Property Act, R.S.A. 2000, c.M-18 that the terms of a $4,000 all inclusive settlement on behalf of the Plaintiff infant, are in the best interests of the infant. The Defendant seeks an Order directing that the settlement funds be paid to the guardian of the infant Respondent pursuant to Section 8(2)(a) and (b) of the Minors Property Act. The Public Trustee opposed the proposed settlement because of the pending legal challenges to the October 2004 new insurance legislation that was passed in Alberta that limits the amount a person can recover for soft tissue injuries suffered in MVA. The judge concluded that the "cap" legislation is the current law in Alberta until there is binding authority that says otherwise. Therefore, the maximum amount that is available to the infant is $4000 all inclusive, in the best interest of the infant Respondent.