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LEGAL REPORT: LITIGATION The ripple effect of Morrow Ontario lawyers ready to make a Charter challenge on cap of minor auto injuries if an agreement can't be reached to make changes. BY SUSAN HUGHE S A ccording to the late British judge, Lord Darling, "The law courts of England are open to all men like the doors of the Ritz Hotel." If Darling lived in Ontario in 2008, what would be his reaction to insurance companies arbitrarily skimming off a $30,000 de- ductible for auto accident damages of $100,000 or less? In this instance, justice is effectively shut down, not denied. The decision by Alberta Court of Queen's Bench Chief Justice Neil Witt- man in Morrow v. Zhang and Pedersen v. Thournout, is set to change such in- equity, and will open the floodgates for victims' rights across the country. Based on the reasoning in Morrow, the Ontario Trial Lawyers Association is currently considering a Charter chal- lenge of Ontario's Insurance Act under ss. 7 and 15 of the Charter of Rights. Richard Halpern, president of the OTLA says: "We need a case to go forward with. We've consulted a constitutional lawyer about whether a Charter challenge will be successful based on the reasoning of the Alberta case. We have an opinion which suggests we have a good chance of succeeding with a Charter challenge in Ontario." The issue in Morrow concerned whether s. 6 of Alberta's Minor Injury Regulation contravened ss. 7 and 15(1) of the Charter. The MIR's s. 6 placed a cap of $4,000 on non-pecuniary damag- es for "minor injuries" caused by the use or operation of a motor vehicle. "Minor www. C ANADIAN Law ye rmag.com JULY 2008 53 ILLUSTRATION: JOHN FRASER