Canadian Bar Association Disappointed in Court of Appeal Ins

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 insurance industry.

"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 Freedoms.

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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