New Brunswick’s $2,500 cap on minor injuries upheld

New Brunswicks Cdn$2,500 cap on soft tissue and minor personal injuries has just withstood a court challenge in the trial division of the Court of Queens Bench of New Brunswick.In Rossignal v. Rubidge, Court of Queens Bench Justice David H. Russell considered a case in which a motorcycle driven by the plaintiff, Patrick Rossignal, struck a car in an automobile collision in 2004. As a result of the collision, Rossignal, who was 17 at the time, suffered a fracture of his right tibia and fibula, along with contusions and abrasions. The driver of the car (not Rossignal) was found responsible in the crash. The principal issue is whether the plaintiffs non-pecuniary general damages are limited to Cdn$2,500 because of the Injury Regulation Insurance Act Russell noted in his 15-page judgment.Russells decision outlines Ontario and New Brunswick legislation that places caps on soft tissue injuries and minor personal injury.Russell observed the New Brunswick legislation defines a minor personal injury as an injury that does not result in (a) permanent serious disfigurement or (b) permanent serious disfigurement of an important bodily function caused by continuing injury which is physical in nature.A serious impairment is defined in the legislation as an impairment that causes substantial interference with a persons ability to perform their usual daily activities or their regular employment.Russells decision does not address the constitutional validity of the legislation. Instead, it provides a straightforward analysis of whether Rossignals injury falls under the category of a minor personal injury.Insurers have hailed the decision in the local media as an important victory for keeping the cap in place. “Prior to July 2003 [when the Cdn$2,500 cap was established in law], a court would have awarded, for this injury, between $20,000 to $30,000 just for pain and suffering,” The ChronicleHerald in Halifax quoted lawyer John Barry of Barry Spalding as saying.Barrys firm represented the driver responsible for the crash.