In this paper, the author discusses the impact of the recent decision of Sparrowhawk v Zapoltinsky, 2012 ABQB 34 [Sparrowhawk] on minor injury claims. He suggests that while Sparrowhawk is regarded as a groundbreaking decision for plaintiff’s counsel, it is seen as merely persuasive but non-binding from the perspective of defendant’s counsel. The author also discusses the issue of videotaping certified medical examinations and provides an update on quantum. A must-read resource if you have questions about the minor injury cap.

This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.