Comments on: Not on Their Backs: Cap on Damages for Soft Tissue Injuries Struck Down; Court Denies Stay of Remedy Pending Appeal http://ablawg.ca/2008/03/10/not-on-their-backs-cap-on-damages-for-soft-tissue-injuries-struck-down-court-denies-stay-of-remedy-pending-appeal/ Fri, 12 Mar 2010 03:11:10 +0000 http://wordpress.org/?v=2.3.3 By: ABlawg.ca » Blog Archive » Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries http://ablawg.ca/2008/03/10/not-on-their-backs-cap-on-damages-for-soft-tissue-injuries-struck-down-court-denies-stay-of-remedy-pending-appeal/#comment-78723 ABlawg.ca » Blog Archive » Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries Thu, 17 Dec 2009 16:06:39 +0000 http://ablawg.ca/2008/03/10/not-on-their-backs-cap-on-damages-for-soft-tissue-injuries-struck-down-court-denies-stay-of-remedy-pending-appeal/#comment-78723 [...] justified as a reasonable limit under section 1 of the Charter (see my earlier post on this case: Not on Their Backs: Cap on Damages for Soft Tissue Injuries Struck Down; Court Denies Stay of Remedy...). This decision was overturned by the Alberta Court of Appeal on June 12, 2009. Writing for a [...] […] justified as a reasonable limit under section 1 of the Charter (see my earlier post on this case: Not on Their Backs: Cap on Damages for Soft Tissue Injuries Struck Down; Court Denies Stay of Remedy…). This decision was overturned by the Alberta Court of Appeal on June 12, 2009. Writing for a […]

]]> By: Jonnette Watson Hamilton http://ablawg.ca/2008/03/10/not-on-their-backs-cap-on-damages-for-soft-tissue-injuries-struck-down-court-denies-stay-of-remedy-pending-appeal/#comment-1942 Jonnette Watson Hamilton Thu, 10 Jul 2008 17:40:13 +0000 http://ablawg.ca/2008/03/10/not-on-their-backs-cap-on-damages-for-soft-tissue-injuries-struck-down-court-denies-stay-of-remedy-pending-appeal/#comment-1942 The July 2008 edition of Canadian Lawyer has an article by Susan Hughes on "The ripple effect of Morrow." That article predicts that the decision by Associate Chief Justice Neil Whittman in Morrow v. Zhang "will open the floodgates for victims' rights across the country." According to Ms. Hughes, the Ontario Trial Lawyers Association is considering a Charter challenge to Ontario's Insurance Act based on Justice Whittman's reasoning in Morrow. Ontario's Insurance Act does not have a cap, as did Alberta's legislation, but it does have two liability-limiting restrictions. Hughes' article does not discuss possible challenges based on legislation in provinces other than Ontario, so it is difficult to understand her comment about the Morrow decision opening "the floodgates for victims' rights across the country" -- unless, of course, Ontario is "the country." The July 2008 edition of Canadian Lawyer has an article by Susan Hughes on “The ripple effect of Morrow.” That article predicts that the decision by Associate Chief Justice Neil Whittman in Morrow v. Zhang “will open the floodgates for victims’ rights across the country.” According to Ms. Hughes, the Ontario Trial Lawyers Association is considering a Charter challenge to Ontario’s Insurance Act based on Justice Whittman’s reasoning in Morrow. Ontario’s Insurance Act does not have a cap, as did Alberta’s legislation, but it does have two liability-limiting restrictions.

Hughes’ article does not discuss possible challenges based on legislation in provinces other than Ontario, so it is difficult to understand her comment about the Morrow decision opening “the floodgates for victims’ rights across the country” — unless, of course, Ontario is “the country.”

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