www.canadianlawyermag.com 43
LEGAL REPORT
PERSONAL INJURY
Debate over capping
damages rages on
Personal injury lawyers say increased government interference
in the tort system only drives claims higher for both sides
IN CANADA, not all caps on pain and
suffering are created equal. But what is
constant is that, no matter what the regime,
no matter where the jurisdiction, provincial
governments are under constant pressure
from insurance lobbies to cap the money paid
to victims of car accidents, personal injury
lawyers say — despite the fact there's a clear
relationship between increased government
interference and higher costs to both sides.
For example, Alberta has not seen the "sky-
rocketing" in damages awards that jurisdic-
tions such as British Columbia and Ontario
are experiencing, says Fred Litwiniuk, presi-
dent of Litwiniuk & Co. in Calgary.
Alberta currently has a cap of around
$5,000 on minor soft tissue injuries, imposed
by its then-NDP provincial government in
2018. The newly elected United Conservative
Government that won a majority last year is
now facing increased pressure to expand that
