New Brunswick soft-tissue cap survives court challenge

New Brunswick’s Cdn$2,500 cap on soft tissue and minor personal injuries has withstood its first court challenge, which happened in the trial division of the Court of Queen’s Bench of New Brunswick.

In Rossignol v. Rubidge, Court of Queen’s Bench Justice David H. Russell considered a case in which a motorcycle driven by the plaintiff, Patrick Rossignol, struck a car in an automobile collision in 2004.

As a result of the collision, Rossignol, 17 at the time, suffered a fracture of his right tibia and fibula, along with contusions and abrasions. The driver of the car (not Rossignol) was found responsible in the crash.

“The principal issue is whether the plaintiff’s non-pecuniary general damages are limited to Cdn$2,500 because of the Injury Regulation Insurance Act…” Russell noted in his 15-page judgment.

Russell’s decision does not address the constitutional validity of the legislation. Instead, it provides a straightforward analysis of whether Rossignol’s 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], a court would have awarded, for this injury, between $20,000 to $30,000 — just for pain and suffering,” The Chronicle Herald in Halifax quoted lawyer John Barry of Barry Spalding as saying.

Barry’s firm represented the driver responsible for the crash.