Several changes have been scheduled in 2023 affecting Personal Injury lawyers and plaintiffs in Alberta involved in Motor Vehicle Accidents (MVAs), slip and fall, and other cases.

As of January 1, The Minor Injury Regulation (MIR) amount was updated. For accidents occurring on or after that date, the minor injury cap in Alberta is $5,817 (a 6% increase from 2022). This is often called the whiplash cap, soft-tissue injury cap, injury cap, or minor injury cap. This number, released annually, indicates the maximum amount that can be claimed for non-pecuniary damages for minor injuries sustained in MVAs. The adjusted amount is in accordance with the annual change in the Alberta Consumer Price Index.

Owen Lewis, Chair of the Alberta Civil Trial Lawyers Association, states “ACTLA is strenuously opposed to any further concessions to Alberta’s auto insurance industry considering the billion of dollars in profits experienced over the past three years. Changes brought in by Bill 41 were designed to lower premiums for consumers, but instead resulted in windfall profits for insurance companies. Any further concessions would simply serve to do the same at the expense of injured Albertans.”

Effective March 31, changes to the Occupational Health and Safety Code came into effect regarding workplace first aid training and kits, transporting injured workers, worker orientation on specific work sites, noise exposure, and personal protective equipment (PPE). The rules vary by employee numbers, location, level of work hazard on a site, industry sector, and company status as employer or contractor.

Key changes include:

  • Harmonizing workplace first aid requirements in Canada
  • Providing flexibility in implementation
  • Clarifying requirements for work site parties, training agencies, service providers, and workplace first aiders.

On April 1, the Provincial Court of Alberta was renamed the “Alberta Court of Justice” and the title of the judges of this Court changed from Judge to Justice. There is a grace period during which documents using the old name and terminology will be considered valid, and previous versions of court forms accepted.

Unlike the Court of King’s Bench, this Court does not have deadlines for disclosing records and documents. This Court also lacks set procedures for questionings and expert reports. Litigants’ only recourse will be to apply for the Court’s approval to allow questioning or expert reports for their claim. The Provincial Court Act states the Court may apply the Alberta Rules of Court where the Act or applicable regulations do not provide for a specific practice or procedure.

On August 1, the Alberta Court of Justice civil claims limit increases to $100,000, doubling the existing $50,000limit. As a result, the Court is expected to see increases in both the number and complexity of claims. The expedited procedures may prove attract to both plaintiffs’ counsel and self-represented litigants who want to resolve their disputes quickly and cost-effectively. For higher risk personal injury claims like slip and fall, the relaxed rules of evidence could attract more litigants.

Claims under $100,000 pursued in the Court of King’s Bench may have a 25% decreased cost award since all claims with a monetary value below the Alberta Court of Justice jurisdiction will have cost applications assessed at no more than 75% of the lowest cost awards specified by the Rules of Court.

Lewis advises that “ACTLA is committed to working with the government and the Courts to assist with the implementation of the increased jurisdictional limit and to provide guidance on other changes which may be necessary to avoid unintended consequences and allow for the smooth resolution of legal disputes in the Alberta Court of Justice.”