RSSNova Scotia Judge Rules that Injury Lawsuits are Barred From Going to Trial, while Cap Challenge Ongoing
August 12, 2009 – 4:59 pm
Earlier this month in the case Watkins v. Hines, Justice Coady of the Supreme Court of Nova Scotia ruled that car accident injury lawsuits are barred from going to trial while the court challenge in Hartling v. Nova Scotia is ongoing.
Justice Coady's rationale was that it was a waste of the courts time and resources to have the multiple cases challenging the validity of the $2,500 cap.
The practical result… Continue reading
Justice Goodfellow Releases Part II of his Court Decision on Nova Scotia’s $2,500 Cap on Car Accident Claims
February 13, 2009 – 8:28 pm
On February 9, 2009, Justice Goodfellow released Part II of his decision on the Hartling Case. This is the case in which accident victims challenged the legality of the government-imposed $2,500 cap on car accident injury claims.
In Part I of the decision, Justice Goodfellow held that the legislation and regulations that created the $2,500 cap were legal and did not discriminate against accident victims. The lawyers for the accident… Continue reading
Nova Scotia $2,500 Minor Injury Cap Case may Get to the Court of Appeal by June 2009
January 28, 2009 – 8:29 pm
I have heard rumors that the Hartling Decision is headed to the Nova Scotia Court of Appeal as early as June 2009. The Hartling Decision is the ruling of Justice Goodfellow which upheld the $2,500 Cap on automobile accident claims in Nova Scotia. You can access a copy of the Hartling Decision by clicking here.
If this turns out to be true, it would be great news for both… Continue reading
Three Key Points Injured Persons Can Take Away From the Hartling Decision on the $2,500 Injury Cap on Car Accident Cases
January 13, 2009 – 8:33 pm
Over the past 24 hours I have received many calls and emails from people wanting to know what the Hartling Decision means for people who have outstanding lawsuits or claims that may be subject to the $2,500 cap. In the Hartling Decision, Justice Goodfellow ruled that the $2,500 cap will remain the law in Nova Scotia.
While everyone's case is unique, I would like to make three comments that I… Continue reading
Nova Scotia Supreme Court releases decision on $2,500 Cap on Car Accident Injury Claims: Accident Victims Lose
January 12, 2009 – 8:34 pm
Earlier this morning Justice Goodfellow released his long awaited decision on the validity of the $2,500 cap on car accident injury claims. In a 92 page decision, Justice Goodfellow upheld the $2,500 cap. 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. 
