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AB
Alberta · fracture

Fracture settlements
in Alberta.

By 6 min read

Alberta operates a tort system with Section B first-party medical benefits and an annually-indexed Minor Injury Cap on soft-tissue claims (~C$5,488 for 2024). For fracture claims specifically, the band is built from the Andrews v Grand & Toy non-pecuniary cap framework and then adjusted for Alberta's common-law contributory reduction and any applicable statutory cap.

Alberta applies the common-law contributory-reduction framework for fracture claims, with the apportionment determined on the facts rather than by statutory bright line. The discretion gives judges and juries flexibility in mixed-liability fracture cases, and outcomes track closely to the perceived reasonableness of the claimant's conduct.

Alberta's caps (andrews cap (non-pecuniary), minor injury cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · Canada federal frame
C$20,000 – C$100,000
Wrist or arm fracture
Reported decisions

The Canada band is the starting point. Alberta's fault rule and any applicable cap then adjust the figure.

AB · statute of limitations
2 years from discoverability

Limitations Act, R.S.A. 2000, c. L-12

AB · fault rule
Common-law contributory reduction

Contributory-negligence reduction under the Contributory Negligence Act, R.S.A. 2000, c. C-27.

AB · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Alberta.

fracture · same region & fault regime

Compare to like jurisdictions.

How Alberta's fault rule and limitation period compare to jurisdictions in the same Canada region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Alberta · you are hereCommon-law contributory reduction2 years from discoverability
British ColumbiaCommon-law contributory reduction2 years from discoverabilityBC · fracture
SaskatchewanCommon-law contributory reduction2 years from discoverabilitySK · fracture
Nova ScotiaCommon-law contributory reduction2 years from discoverabilityNS · fracture
New BrunswickCommon-law contributory reduction2 yearsNB · fracture
Newfoundland and LabradorCommon-law contributory reduction2 yearsNL · fracture
ManitobaNo-fault statutory scheme2 years from discoverabilityMB · fracture
Prince Edward IslandCommon-law contributory reduction2 years from discoverabilityPE · fracture
YukonCommon-law contributory reduction2 yearsYT · fracture
Northwest TerritoriesCommon-law contributory reduction2 yearsNT · fracture
NunavutCommon-law contributory reduction2 yearsNU · fracture
OntarioCommon-law contributory reduction2 years from discoverabilityON · fracture
QuebecNo-fault statutory scheme3 years for civil action under Civil CodeQC · fracture
AB · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the Canada band adjusted for Alberta's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Alberta. See /methodology, /sources, and /disclaimer.