Minor Injury Determination: Claimant's Injuries Assessed
📌 In brief
The Civil Resolution Tribunal decided whether the claimant's injuries were minor or non-minor based on the Insurance (Vehicle) Act and Minor Injury Regulation. Some injuries were classified as minor, while others were considered non-minor.
⚖️ Legal holding
Injuries are classified as minor if they do not result in a serious impairment and are one of the prescribed injuries under the Insurance (Vehicle) Act and Minor Injury Regulation.
📖 Technical summary
The claimant's injuries were assessed as minor or non-minor based on the Insurance (Vehicle) Act and Minor Injury Regulation criteria.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The injuries classified as WAD grade 2 of the cervical spine and WAD grade 2 of the lumbar spine are minor injuries according to the Minor Injury Regulation.
- Soft tissue injuries involving lower extremities around knees and thighs are minor injuries as per the Minor Injury Regulation.
- The applicant's injuries resulted in a substantial inability to perform essential tasks of her employment due to pain, but the medical evidence did not clearly establish which injuries caused the impairment.
❌ Tends to be rejected
- Exacerbation of pre-existing degenerative disk disease in the cervical spine with disk herniations is not a minor injury as it results in a serious impairment.
- Exacerbation of pre-existing degenerative disk disease in the lumbar spine with disk herniations and annular tears is not a minor injury due to causing a serious impairment.
- Post-traumatic vestibulopathy with associated nausea is not a minor injury as it is not captured by the prescribed list of minor injuries.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the claimant's injuries resulting from a car accident were minor or non-minor.
How did the court decide, and why?
The court decided that some of the claimant's injuries were minor and others were non-minor based on the definitions provided by the Insurance (Vehicle) Act and Minor Injury Regulation.
Which laws or rules were applied?
The Insurance (Vehicle) Act, s. 101 and the Minor Injury Regulation, s. 2 were applied.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the claimant, as some injuries were classified as minor and others as non-minor.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that their injuries will be evaluated based on the criteria set forth in the Insurance (Vehicle) Act and Minor Injury Regulation.
What evidence or documents mattered?
Medical reports and expert opinions on the claimant's injuries were crucial in making the decision.