How can a Court find that a seriously disabling injury such as a broken pelvis or leg is a minor personal injury?
The problem lies with the definition of “minor personal injury” as contained in the Injury Regulation. The previous government, in its haste to adopt legislation in the midst of a manufactured insurance crisis that threatened its survival, simply lifted the wording from a piece of Ontario legislation which had been adopted in that province for eliminating the right to sue except for catastrophic injuries. The following table puts the wording of the 2003 New Brunswick Injury Regulation side by side with the wording of the 1990 Ontario legislation.
