RSS$2500 Cap Review: Submission of Richard Halpern
February 16, 2010 – 8:56 am
The Nova Scotia Office of the Superintendent of Insurance is currently conducting a review of the $2,500 Cap on car accident injury claims. Yesterday was the deadline for the public to make submissions to the Finance Department's discussion paper on the $2,500 Cap. I am in the process of gathering copies of submissions from several of the key groups and individuals involved in the debate. I will be posting these submissions over the next… Continue reading
Government Review of $2500 Cap Continues
February 13, 2010 – 9:58 pm
I receive many calls and emails form people wanting to know where things stand with Nova Scotia's $2,500 Cap on car accident injury claims. In December 2009, the Court of Appeal ruled that the $2,500 Cap is legal and will continue to apply in Nova Scotia, unless it is removed by the government. The injured people are appealing this decision to… Continue reading
Facebook and Motor Vehicle Accident Injury Claims
January 24, 2010 – 4:51 pm
In 2009 social networking websites, such as Facebook and MySpace, rose to prominence in motor vehicle accident injury litigation. In an earlier post, I discussed Leduc v. Roman, which was the first Canadian court decision to require an injured person to disclose information and photographs from his "private" Facebook account. Since that time, there have been two… Continue reading
Hartling Plaintiff’s Apply to Supreme Court of Canada
January 16, 2010 – 9:12 am
I have received word that the plaintiff's in Nova Scotia's $2,500 Cap Case ( Hartling v. Nova Scotia) have applied for leave to appeal to the Supreme Court of Canada. Basically they are asking the Supreme Court of Canada to hear their case, and to overturn the recent ruling of the Court of Appeal. There is no right of appeal to the Supreme Court of Canada - the judges pick and… Continue reading
Government Releases Disussion Paper on Reforming $2,500 Cap
January 15, 2010 – 8:04 pm
Earlier today the government of Nova Scotia released its discussion paper "Concerning the Cap on Pain and Suffering Awards for Minor Injuries". This marks the kick-off of the government's review of the $2,500 Cap, which is being done in advance of any proposed changes the government may propose later this year.
The Discussion Paper provides a… Continue reading
David Brannen is a personal injury lawyer from Halifax, Nova Scotia who practices exclusively in the areas of personal injury and insurance cases. 
