Nova Scotia Faces Supreme Court Challenge To Injury Cap

Next month all eyes will be on the Supreme Court of Nova Scotia when it hears arguments for a case that challenges the constitutionality of the province’s $2,500 cap on some damages related to motor vehicle injury claims.


In the case cited as Hartling et al v. Nova Scotia, two women who were injured in automobile accidents along with an organization, Nova Scotia Coalition Against No-Fault Insurance Society, are claiming that the cap is discriminatory.


The plaintiffs in the case are being represented by Halifax lawyer, Barry Mason, a partner at the firm Presse & Mason, which focuses exclusively on personal injury litigation.


In Alberta, a similar challenge successfully overturned that province’s $4,000 on soft tissue injuries sustained in motor vehicle crashes, leading to a 5-per-cent increase in vehicular insurance policy rates for drivers beginning Nov. 1.

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