"Debate on public issues should be uninhibited, robust, and wide-open, and... may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." New York Times v. Sullivan, Supreme Court of the United States"Lawyers should not be expected to behave like verbal eunuchs. They not only have a right to speak their minds freely, they arguably have a duty to do so." Doré v. Barreau du Québec, Supreme Court of CanadaWhile daring to criticize Alberta government politicians and bureaucrats might make some people's tummies hurt, the fighting Irishman at McCourt Law doesn't give a fiddler's fart. As US General Colin Powell said, "Free speech is intended to protect the controversial and even outrageous word; and not just comforting platitudes too mundane to need protection.".FOURNIER: Are farmers Ottawa’s next methane target?.And so, without further ado, let's drop the gloves (figuratively speaking, duh!) and get to it.Danielle Smith, remember a generation ago when you had me on your national TV show Global Sunday? Remember when around the same time, you mentioned me in a Calgary Herald column in which you ripped the Alberta Finance Minister of the day for trying to bring in auto insurance reforms injurious to severely normal Albertans? THAT WAS AWESOME! But that was then: more than a smidge hypocritical that now you preside over a government plotting to rip rights away from Albertans by bringing in a no-fault auto insurance scheme, n'est-ce pas?Regarding the current FinMin, flagrantly disregarding the express democratic will of an overwhelming majority of the UCP membership, Nate Horner seems to have no problem throwing ordinary Albertans under the bus so that his fat cat pals can save a few bucks in hail coverage on their Bentleys. As insurance lobbyist Doug Horner's cousin pointed out at the November 2024 presser announcing this no-fault scheme, "the hailstorm in Calgary was a billion dollars in auto... it hit one of the parking lots at the airport. It's probably one of the most expensive airport parking lots you could hit with a hailstorm outside of Dubai." Yes, that's right — former Finance Minister Doug Horner (who reportedly lobbies his old ministry on a regular basis) is current Finance Minister Nate Horner's older and wiser cousin. How cozy!.Interestingly, just a month before the Smith/Horner press conference announcing the Treasury Board and Finance department's ill-advised no-fault scheme, well-respected economist Dr. Jack Mintz released a report slamming no-fault insurance, pointing out that bodily injury claims costs per insured vehicle had dropped by over 8% from 2019 (the year the UCP took power) to 2023, and recommending nuanced reforms within the existing at-fault (tort law) system to bring down compulsory premiums (which have skyrocketed by over 50% since the UCP took power) for good Alberta motorists. Dr. Mintz's recommended reforms included taking minor injury claims out of tort and scrapping the insurance premium tax — sage suggestions that I had made previously. Another suggestion I proposed to reduce rates for drivers — 25 months ago! — was that the UCP government repeal the asinine "Direct Compensation Property Damage" (DCPD) scheme it implemented in 2022. Page 18 of this actuarial report by the firm Oliver Wyman shows that claims costs under basic auto insurance coverage spiked by 34% in the year that DCPD was added to Alberta motorists' mandatory coverage. As far back as 2023, Premier Smith herself recognized that DCPD was the reason a lot of Albertans saw their premiums rise and said that the DCPD policy should be revisited, but then she apparently became distracted by chemtrails or some such nonsense and plum forgot about that worthy thought. Also long before the notorious November 2024 no-fault presser, in June of 2024 to be precise, the Alberta Civil Trial Lawyers Association advised Horner (and his feckless cabinet colleague Nathan Neudorf) that removing DCPD from basic coverage would save the average policyholder about $300 per year. So yeah, there's that.Back to page 18 of that Oliver Wyman report mentioned above. It also shows that while claims costs for basic coverage (which, since 2022, includes that imbecilic DCPD) rose by about 6.5% in 2024, claims costs for optional coverage (including, you know, hail insurance) jumped by over 100%. But remember kids, according to Horner's yarn (echoed by insurance lobbyists and their bosom buddies at the AIRB), those darned bodily injury claims are why insurers representing a whopping 1% market share combined have left the province, triggering Horner's ridiculous response, i.e., to eliminate 99% of BI claims. Instead, and posit this for just a sec, maybe those choosing to purchase luxury automobiles worth six (or even seven) figures should pay significantly higher premiums to insure their new whips against hail, theft, collision, comprehensive, volcanic eruptions, and perils like that — if those well-heeled policyholders opt for that coverage..OLDCORN: Carney’s grip on power remains razor-thin, threat of spring election looms.Luckily for insurers, "2024 was a good year for the industry" because of eye-popping profits earned investing premiums and accumulated capital (which, as savvy investors know, is how the insurance industry makes its real money). Also, this hot off the presses report from the Auto Insurance Rate Board's consulting actuary reveals that in the first half of 2025, basic and total premiums continued to rise while claims costs absolutely plummeted (by well over $500 per insured vehicle). So don't fret, Nate, despite any erroneous impressions based on what the SuperNintendo of Insurance and his friends at the IBC (chief lobby group for the industry) may have told you, Alberta's multi-billion dollar auto insurance industry isn't teetering on the brink of bankruptcy after all. Go figure!Rather than listening to the bureaucrats in the Finance Department on this file, Nate should have listened to someone with a clue a long time ago. It is time to turf Horner from this file and hand the ball to Justice Minister Mickey Amery, who is well aware that quite evidently, a competitive at-fault (tort law) auto insurance system can be delivered at lower premiums than Nate's no-fault scheme — hello, see the Maritimes!Better late than never, Premier Smith — here's the off-ramp to avoid driving the UCP off a cliff in 2027 with this unconservative, unjust, unpopular, unAlbertan Care-First fiasco: How to Save the Average Albertan $60/month on Auto Insurance! Alright? OK.Mark McCourt is founder of McCourt Law Offices in Edmonton.
