Branch News 

June 22, 2009 - A number of changes to cabinet were announced today by Premier Shawn Graham. Among those changes were Michael B. Murphy, Q.C. as the Attorney General; Minister of Justice and Consumer Affairs; and Government House Leader. Full Details

News Release

CBA-NB urges NB government to eliminate $2,500 cap

on awards for minor personal injuries

(Fredericton, April 20, 2009) The Canadian Bar Association-New Brunswick (CBA-NB) today called on the New Brunswick government to do away with the Injury Regulation which imposes a $2,500 cap on awards for minor personal injuries. The $2,500 cap was adopted in 2003 after an intense lobby campaign by the insurance industry. At the time, the industry blamed the dramatic increases in premiums on bodily injury claims which it said were spiralling out of control.

In a news conference in Fredericton today, the CBA-NB released an economic report which shows that bodily injury claims were never a factor in the premiums increase from 1999 to 2004.

CBA-NB spokesperson Stephane Viola of Moncton says the report, which is based on the insurance industry’s own data and methodology shows that there is no basis to what the insurance industry was saying. “Rather than increasing out of control, the data shows that bodily injury claims were actually decreasing steadily starting in 1999 and right through those years the insurance industry was blaming claims as the sole reason for increasing premiums.”

The CBA-NB says the fact that the premise under which the Injury Regulation was brought in has now been shown to be unsubstantiated by the insurance industry’s data, should alone justify rescinding it. But there are even more compelling reasons.

Viola explained that the legislation goes far beyond the intent of the government of the day, which clearly meant the cap to apply only to “minor personal injuries.” Instead, all injuries short of catastrophic are falling under the flawed definition of a “minor personal injury.” As a result, thousands of New Brunswickers have been deprived of fair compensation for injuries that are serious, severe and disabling.

Because of the Injury Regulation, New Brunswick is the harshest province on auto accident victims in the country, and because insurance companies hardly ever have to pay more than the cap, their profits are excessive.

The data shows that insurance industry profits since the implementation of the $2,500 cap have been two to four times what is considered fair and reasonable.

The CBA-NB says that while car accident victims are directly affected, all New Brunswickers are affected indirectly because of the substantial financial drain on the New Brunswick economy. The data shows that since 2003, in excess of $270 million have left the province for insurance company coffers.

“In the end, what we have here is an injustice for all segments of the population of New Brunswick. Car accident victims are being denied justice and further victimized by the law, and consumers and taxpayers are seeing their provincial economy deprived of hundreds of millions of dollars because of unprecedented and excessive profits in the insurance industry,” says Viola. When asked if the government had expressed a willingness to at least correct the regulation, Viola indicated “We know that the Graham government has said on many occasions that it would do what is best for New Brunswick and not defend the indefensible. We submit that, in light of this compelling evidence, what we have here is indefensible. We strongly urge the Premier to show strong leadership at this time and keep his word to do what is best for the people of New Brunswick.” -30-

In connection with its news conference, the Canadian Bar Association has launched a website that has detailed information about this issue. www.nbautoinsurancevictims.ca or www.victimesassuranceautonb.ca

For more information or interviews:

Stephane Viola 506-878-7667

Feb 2009 - The annual CBA New Brunswick Branch Midwinter Meeting, Come Discover, Come Experience, Acadian Hospitality was held on February 5-7, 2009. It was a big success!  See the full details here about the Midwtiner meeting. Click here for the 2007-2008 annual report. 

Feb 6, 2009 - At its MidWinter Meeting the New Brunswick Branch of the Canadian Bar Association (CBA-NB) will recognize the outstanding contributions to the legal profession with the presentation of its Distinguished Service Award to the Honourable Madam Justice Margaret E.L. Larlee, of the New Brunswick Court of Appeal in Fredericton. The Distinguished Service Award recognizes exceptional contributions to the province’s legal profession and contributions of significant law-related benefit to the residents of New Brunswick. 

The CBA-NB Pro Bono Award recognizes outstanding pro bono legal services to the community. At the MidWinter Meeting of the New Brunswick Branch of the Canadian Bar Association the outstanding contributions of six provincial lawyers will be recognized. These lawyers are members of the Access to Family Justice Task Force, appointed by the Minister of Justice, the Honourable Thomas J. Burke. The Task Force, headed by The Honourable Mr. Justice Raymond J. Guerette, includes award recipients Michelle Boudreau-Dumas of Campbellton, Sheila Cameron of Moncton, Jennifer Donovan of Fredericton, Mary-Eileen Flanagan of Saint John, David Lutz, Q.C. of Hampton and Brenda Noble, Q.C. of Saint John. full details

National News 

Around the CBA 

Register for the CBA Canadian Legal Conference, Aug. 16 - 18, 2009.


Final Report & Toolkit: Practical difficulties with today's conflict of interest rules.


Upcoming CLEs: Competition Law, Leadership, online CLEs and more.


Podcast: CBA Task Force on Conflicts of Interest.


Submit documents for inclusion in the National Class Action Database.