ACTLA News

Join Friends of ACTLA this Tuesday, December 2, 2025, for Giving Tuesday! 

In honour of ACTLA's 40th anniversary, we're asking members to help us celebrate by donating $200 to help suppoer the programs, resources and community that keeps our association going strong! We're asking 200 members to each donate $200 toward our 200 Campaign!

Help us reach our goal of raising $40,000 by January 2026! Donations can be made today via e-transfer sent to ExecutiveDirector@actla.com; or by cheque sent to the ACTLA office. 

Help spread the word among your fellow ACTLA members via resharing the link to this post, the 200 Campaign email, and/or our social media platforms!

Members who donate who be appreciated and openly acknowledged for their generosity via the following:

• Listing in our quarterly magazine, The Barrister
• Website spotlight
• Shout-Out at our 2026 fall conference(s)

Help keep our association strong, valuable to and supportive of our members and the clients they serve!

Please read the following statement on behalf of Jillian Gamez, ACTLA Board Chair:

The Alberta Civil Trial Lawyers Association (ACTLA) reaffirms its commitment to safeguarding the rights and freedoms that protect all Albertans. Considering the recent use of the notwithstanding clause, including its invocation in Bill 9, we express our concern about relying on this extraordinary constitutional mechanism in a pre-emptive manner.

The notwithstanding clause was designed to be used only in exceptional circumstances and only after meaningful judicial consideration. Resorting to it before courts can review the issues at stake risks weakening essential Charter protections and the balance of powers that upholds the rule of law.

We stand in solidarity with the Canadian Bar Association’s Alberta branch, whose recent statements underscore the importance of restraint, deliberation, and respect for constitutional processes. These principles align with ACTLA’s mission to promote access to justice and defend the legal rights of all Albertans.

We urge that the use of the notwithstanding clause remain rare, carefully justified, and never a substitute for the vital role of independent judicial review.

November 21, 2024
MEDIA STATEMENT

The following statement can be attributed to Jackie Halpern, Spokesperson for the Alberta Civil Trial Lawyers Association in response to the Alberta Government’s decision to implement a no-fault insurance system:

“Our Association is deeply disappointed by the Alberta government’s decision to implement a no-fault insurance system. No-fault auto insurance strips Albertans of a fundamental freedom – which is the right to sue at-fault parties and hold insurance companies accountable through a court of law.

We support action on making premiums more affordable, but today’s policy decision is a loss for Alberta consumers and a win for insurance companies. We believe this policy will result in the worst of all outcomes: Albertans will pay more in premiums only to receive fewer consumer protections and lose their rights to challenge insurance companies in court. Already profitable insurance companies are now empowered more than ever in Alberta’s system and will reap all the benefits of no-fault insurance.\

A fundamental feature of no-fault auto insurance is it overcompensates those who need the least care and dramatically undercompensates those with serious and life-altering injuries. Working-class and blue-collar Albertans will be most harmed by this system as their careers and lost wages from serious injury will no longer be compensated for appropriately. All Albertans will now pay more through the transfer of costs from insurance companies and at-fault drivers to our health care and social assistance systems. Not only will Albertans lose access to justice through this reform, but when implemented, no-fault insurance will prove morally unjust for thousands and thousands of families.

We will continue to work constructively with the Alberta government to improve the no-fault insurance policy with proposals that would better balance the rights of Albertans, better protect Alberta families who will be harmed by this system, and better restrain the power of insurance companies who now find themselves in the driver’s seat instead of consumers.”

About the Alberta Civil Trial Lawyers Association
Founded in the Spring of 1986 as a Non-Profit Society, ACTLA’s mission is to advocate for a strong civil justice system that protects the rights of all Albertans. ACTLA has members across the province and works with government to ensure the voice of plaintiffs is heard and the rights of Albertans are protected.

For more information, please contact: Nash Calvert, ACTLA Communications (communications@actla.com)

For Immediate Release
January 30, 2025
CALGARY, AB: A newly released report from the Alberta Superintendent of Insurance reveals that auto insurers in Alberta have been fined more than $3.1 million between 2022 and 2024 for overcharging consumers.

This marks yet another chapter in a long history of auto insurers charging premiums above the approved rates set by Alberta’s insurance regulator. The increase in insurance company fines comes at the same time the Alberta government is planning to hand insurance companies’ significant power under a new no-fault insurance system.

A Pattern of Violations and Overcharges

Since 2016, insurers in Alberta have been fined more than $6.4 million for violating the Insurance Act with penalties steadily increasing over time. The latest industry-wide examination uncovered widespread overcharging, with 27 insurers found to have engaged in improper billing practices and 21 of them facing penalties for breaking the law.

The Superintendent’s Report details numerous ways insurers have overcharged Alberta drivers including failure to apply proper discounts, charging for ineligible surcharges, and programming ‘errors’ that resulted in inflated premiums. These findings confirm what many consumers have long suspected: insurers are prioritizing profits over fair treatment, and without proper accountability, Albertans will continue to be exploited.

FAIR Alberta: “If Insurers Can’t Be Trusted, Why Give Them More Power?”

“The fact that insurers have been caught and fined for overcharging Albertans should set off alarm bells – yet this is the same industry that will now be given even more control under a no-fault insurance regime,” said Jackie Halpern, spokesperson for FAIR Alberta.

“Why should Albertans believe they will act any differently when they are handed unchecked power? No-fault doesn’t just strip Albertans of their right to hold bad drivers accountable—it shields insurance companies from scrutiny, removes consumer protections, and locks Albertans into a system where insurers call all the shots. The track record is clear: insurers put profits first, and without real accountability, Albertans will be left paying more for less,” added Halpern.

Albertans Will Pay the Price of a “Care-First” No-Fault Insurance System

Under a no-fault system, insurance companies gain even greater power over claims, while consumers lose key protections including the right to challenge unfair denials or seek legal recourse against at-fault drivers through the court system.

British Columbia serves as a stark warning of what happens when governments hand over full control to insurers under a no-fault model. Since implementing its so-called “care-first” no-fault system, BC drivers have seen reduced compensation for injuries, longer claim resolution times, and fewer legal rights.

“If Alberta follows the same path, drivers will face a biased system where insurers dictate every aspect of their coverage with no way to fight back,” said Halpern.

About FAIR Alberta

FAIR Alberta is a coalition of concerned consumers, medical professionals, injured Albertans, and members of the legal community. We are committed to protecting the rights of Albertans and advocating for a fair, transparent auto insurance system that puts consumers first.

Media Inquiries
Jackie Halpern
(403) 225-6415
jhalpern@mcleod-law.com

The policy is set to come into effect in January 2027 and is forecast to reduce premiums by $400 a year

Read the full article by Devika Desai here: What to know about Alberta's move to no-fault auto insurance | Calgary Herald

Changes to Alberta's insurance system will allow insurance companies to increase premiums by up to 7.5 per cent per year. The government says the plan will save drivers money in the long run. It's all part of what the province calls the 'care-first system." Jasmine King explains.

Watch the full coverage here: (1) Alberta proposes changes for auto insurance, including rate hikes, no-fault claims | Watch News Videos Online

This overhaul of Alberta's auto insurance system may increase efficiency, by it risks sacrificing the financial means of vulnerable drivers

Read the full article by Breckyn Lagoutte here: Alberta is driving away fairness with no-fault insurance - The Gateway

Depending on your politics, that either sounds exciting to you or it leaves you wondering why Alberta simply didn't go with what appears to be working in B.C., Saskatchewan and Manitoba

Read the full article by David Staples here: Will Alberta's radical changes to car insurance fix major mess? | Edmonton Journal

"It's going to be a challenge for insurance companies to operate within the metrics that they deem to be a healthy business. It's going to be difficult for consumers to find affordable auto insurance"

Read the full article by Cindy Tran here: Experts weigh in on Alberta's auto insurance reform plans | Edmonton Journal

"The industry should take us seriously," says Premier Danielle Smith, telling insurers if her plan to revamp auto insurance fails the next step is public insurance

Read the full article by Rick Bell here: Bell: Smith to Alberta auto insurers — play ball or public insurance | Calgary Herald