http://ablawg.ca/2009/07/08/more-questions-about-the-decision-to-reinstate-the-cap-on-damages-for-soft-tissue-injuries/ Thu, 17 May 2012 19:49:43 +0000 http://wordpress.org/?v=2.3.3 http://ablawg.ca/2009/07/08/more-questions-about-the-decision-to-reinstate-the-cap-on-damages-for-soft-tissue-injuries/#comment-78744 ABlawg.ca » Blog Archive » Supreme Court denies equality claimants leave to appeal insurance cap Thu, 17 Dec 2009 20:28:20 +0000 http://ablawg.ca/2009/07/08/more-questions-about-the-decision-to-reinstate-the-cap-on-damages-for-soft-tissue-injuries/#comment-78744 [...] The Supreme Court has denied Peari Morrow and Brea Pederson leave to appeal the Alberta Court of Appeal ruling that upheld the province’s cap on non-pecuniary damages for soft tissue injuries incurred in motor vehicle accidents. Previous posts on ABlawg critiqued the Court of Appeal decision for (1) failing to apply the new approach to equality rights set down in R. v. Kapp, 2008 SCC 41, (2) improperly applying the old approach to equality rights from Law v. Canada, Minister of Employment and Immigration), [1999] 1 S.C.R. 497, (3) giving insufficient weight to evidence of stereotyping in relation to victims of minor tissue injuries, and (4) giving too much weight to the purpose of the law at the expense of its effects on those victims (see Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries and More Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries). [...] […] The Supreme Court has denied Peari Morrow and Brea Pederson leave to appeal the Alberta Court of Appeal ruling that upheld the province’s cap on non-pecuniary damages for soft tissue injuries incurred in motor vehicle accidents. Previous posts on ABlawg critiqued the Court of Appeal decision for (1) failing to apply the new approach to equality rights set down in R. v. Kapp, 2008 SCC 41, (2) improperly applying the old approach to equality rights from Law v. Canada, Minister of Employment and Immigration), [1999] 1 S.C.R. 497, (3) giving insufficient weight to evidence of stereotyping in relation to victims of minor tissue injuries, and (4) giving too much weight to the purpose of the law at the expense of its effects on those victims (see Some Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries and More Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries). […]

]]> http://ablawg.ca/2009/07/08/more-questions-about-the-decision-to-reinstate-the-cap-on-damages-for-soft-tissue-injuries/#comment-66176 ABlawg.ca » Blog Archive » Another Take on Equality Rights by the Court of Appeal Mon, 13 Jul 2009 15:35:03 +0000 http://ablawg.ca/2009/07/08/more-questions-about-the-decision-to-reinstate-the-cap-on-damages-for-soft-tissue-injuries/#comment-66176 [...] on Law, the Court of Appeal went on to apply the Law test. In her post on Morrow v. Zhang, “More Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries,” Jonnette Watson Hamilton argues that the Court of Appeal applies more of a [...] […] on Law, the Court of Appeal went on to apply the Law test. In her post on Morrow v. Zhang, “More Questions about the Decision to Reinstate the Cap on Damages for Soft Tissue Injuries,” Jonnette Watson Hamilton argues that the Court of Appeal applies more of a […]

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