May 27, 2010
Today the SCC denied the Hartling v. AG Nova Scotia Application for Leave to Appeal. While this result is in keeping with the Alberta Leave Application decision - it is nonetheless a disappointment to all those innocent auto accident victims in Nova Scotia who were relying on some relief from the Court. This decision leaves seven years of accident victims with unfair and inadequate compensation for their injuries.
APTLA is very proud of Barry Mason's work and dedication to his clients and all Nova Scotians who have been injured since the implementation of the cap in 2003. Barry Mason & Glenn Jones of Pressé Mason are to be congratulated for their work and dedication to access to justice in Nova Scotia.
It is hoped that the legislative changes recently made in Nova Scotia will improve victims' access to the courts and improve compensation for those injured in Nova Scotia - in comparison to the insurance scheme in place from November 2003 to March 2010. Sadly, the changes do not address those injured during that time frame.
Raymond F. Wagner
APTLA Past President and Board Representative for Nova Scotia