Minor injury cap should be on the table in NL

Published: June 6, 2018

Updated: July 24, 2018

Author: Luke Jones



While many have welcomed the review of the auto insurance system in Newfoundland and Labrador, one lawyer who represents accident victims in the province has questioned it. Specifically, Jerome Kennedy of Roebothan McKay Marshall questions the involvement of the Public Utilities Board (PUB).

The board says it will not make recommendations involving caps on minor injuries. Such a remedy is one of the major debate points regarding the NL auto insurance system. Insurance companies are pushing for a cap, although lawyers are mostly against it.

At the very least, Kennedy believes a cap should be part of the discussion.

The review into Newfoundland and Labrador’s embattled auto insurance industry has caused intense debate in the province. How the government moves forward and implements recommended reforms remains to be seen, but Minister of Service Sherry Gambin-Walsh says all decisions will be “informed”.

Additionally, the Public Utilities Board (PUB), the body in charge of reviewing solutions, says it will not make any recommendations involving a minor injury cap.

“We will not be making recommendations on a cap,” said PUB chair Darlene Whalen recently, when the public hearings on NL’s auto insurance began. “Where we are asked to make recommendations, we will. We are guided by the terms of reference.”