N.S. injury cap: submission from CBA
Many people and organizations have made submissions to the Superintendent of Insurance as part of the Nova Scotia government’s Minor Injury Cap Review process.
The Nova Scotia branch of the Canadian Bar Association has made its submission to the Superintendent of Insurance. In it, the CBA says “The right of an individual to recover general damages from the wrong-doer in a motor vehicle case, and to have such rights adjudicated in the courts, is a vital hallmark of the Canadian system of justice.
The Canadian Bar Association has advanced this position since 1974. We oppose all compensation schemes that prejudice an innocent accident victim’s right to seek redress before an independent judiciary.”
The Association summarizes its position again by saying “the Nova Scotia branch of the CBA is against limitations on pain and suffering awards. We do not accept the premise that fairness should be compromised in favour of insurance company profits, or that a return to the tort system will necessarily make premiums unaffordable.”
