NB Amended Cap Regulation Effective July 1, 2013

Advanced Filters

Please search by first or last name. e.g: "John" or "Smith". Your search will begin after typing at least 2 characters. Searching...
Sort by: Relevance | Name

We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

Use the search bar above or the advanced filters to further narrow your search by service, industry, office location, bar admissions, title, education and language.

: Service; Industry; Office; Position; Bar Admission; Education; Language

Contact Form

: Contact

We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

Charlottetown

141 Kent St., Suite 300
McInnes Cooper Building
Charlottetown, PE
C1A 1N3

Tel: 902.368.8473
Fax: 902.368.8346

Fredericton

570 Queen St., Suite 600
Barker House
Fredericton, NB
E3B 6Z6

Tel: 506.458.8572
Fax: 506.458.9903

Halifax

1969 Upper Water St., Suite 1300
Purdy’s Wharf Tower II
Halifax, NS
B3J 3R7

Tel: 902.425.6500
Fax: 902.425.6350

Moncton

644 Main St., Suite 400
Blue Cross Building, South Tower
Moncton, NB
E1C 1E2

Tel: 506.857.8970
Fax: 506.857.4095

Saint John

1 Germain St., Suite 1700
Brunswick Square
Saint John, NB
E2L 4V1

Tel: 506.643.6500
Fax: 506.643.6505

St. John’s

10 Fort William Pl., 5th Floor
Baine Johnston Centre
St. John’s, NL
A1C 1K4

Tel: 709.722.8735
Fax: 709.722.1763

More Publications

Publication

NB Amended Cap Regulation Effective July 1, 2013

: May 16, 2013

On May 7, 2013 the NB Government formally filed and enacted amendments to NB’s Injury Regulation – Insurance Act (aka the ‘cap’ legislation). The final form of the amended regulation (Final Regulation) mirrors the final draft regulation (Proposed Regulation) in most – but not all – respects. Key differences between the Proposed Regulation and the Final Regulation include:

New Effective Date. The Final Regulation will take effect on July 1, 2013 – rather than May 1, 2013 under the Proposed Regulation – and will apply to accidents occurring on and after July 1, 2013.
Revised Definition of “Serious Impairment”. In the Proposed Regulation, the definition of “serious impairment” included the requirement of a “substantial inability” to perform essential tasks of “employment, education, training or usual daily activities” – despite “reasonable efforts to accommodate the impairment and the plaintiff’s reasonable efforts to use the accommodation” to allow the plaintiff to continue employment, education or training. This draft “accommodation” language was apparently an attempt to legislate a claimant’s duty to mitigate. However, it likely went too far because it also appeared to impose duties on employers and educational institutions. The Final Regulation eliminates altogether this “accommodation” obligation for employers and educational institutions. An employer’s or educational institution’s legal duty to accommodate is already a reasonably well understood obligation, and exists at law even if the Regulation does not impose it; including this language was therefore unnecessary and created uncertainty.
Inflation Adjustment. The Proposed Regulation provided for the maximum award to be adjusted annually for CPI in Canada; the Final Regulation adjusts the amount annually for CPI in NB.

Click here to read McInnes Cooper’s April 29, 2013 Legal Update, “NB’s Amended Minor Injury Cap Regulation”.

Click here to read the Final Regulation.

Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Insurance Team to discuss this topic or any other legal issue.

McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2013. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Click here to request our consent.

We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

Advanced Filters

Contact

We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

Charlottetown

Fredericton

Halifax

Moncton

Saint John

St. John’s

Send Us Feedback

Un moment s'il vous plaît...

We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

Advanced Filters

Contact

We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

Charlottetown

Fredericton

Halifax

Moncton

Saint John

St. John’s

Send Us Feedback

Un moment s'il vous plaît...

Share this with others

Twitter

Facebook

Google +

LinkedIn

Email