Address: 1143 Lakewood Court N, Regina, Saskatchewan, S4R 3S3
Ken Noble focuses on insurance law, particularly in the Province of Saskatchewan. His practice is concentrated on more serious cases such as catastrophic injury, paraplegia, quadriplegia, fatalities, TMJ cases and economic loss cases. Ken will also act on behalf of parties injured by impaired drivers to recover compensation for non-economic loss. In recent years, Ken has been brought many cases against insurers for failure to act in good faith.
Ken founded the Noble Law Office in 1980 after being a partner in a downtown Regina law firm Koch, Bertram, Scrivens, Noble and Prior.
And in 1984, he began practicing exclusively in the personal injury field.
He concurrently founded the Saskatchewan Trial Lawyers Association in 1984 when he began running a number of jury trials for people injured in auto accidents. He was the first President of STLA and it has now grown to one of the largest organizations of lawyers in the province with almost 300 members.
Ken’s practice has taken him to all levels of courts in Canada, from the Automobile Injury Appeal Commission to the Court of Queen’s Bench, the Saskatchewan Court of Appeal and the Supreme Court of Canada.
Ken was appointed a Queen’s Counsel in 2009.
Recently, in 2015, he was the Saskatchewan Trial Lawyer’s appointed representative to the Saskatchewan Government Insurance Review Committee that has made a number of recommendations for changes to the Automobile Accident Insurance Act that are expected to be made in the spring session of the Saskatchewan legislature.
Martindale Hubbell publishes a peer review rating for lawyers on Lawyers.com. Ken’s rating for 2016 was again the in the "Distinguished – Peer Rated for High Professional Achievement" category with a "High Ethical Standing". His client rating was 5.0/5.0.
On May 6, 2016, Ken was given the Saskatchewan Trial Lawyers "Most Outstanding Lawyer Award"
An advocate of the individual, Ken does not represent insurance companies and in fact most of his litigation is against Saskatchewan Government Insurance.
Founding Partner and currently "Of Counsel"
Severe/Catastrophic Injury Cases
Death / Fatalities
Lack of Good Faith/ Bad Faith Cases
Canada Pension Plan Appeals
Graduated University of Regina, Bachelor of Arts 1971
Gradated University of Saskatchewan, Bachelor of Laws 1973
Admitted to the Saskatchewan Bar 1974
Admitted to the Alberta Bar 1996
Member of the Law Society of Saskatchewan 1974 - present
Member of the Law Society of Alberta 1996- present
Founding Member and First President of the Saskatchewan Trial Lawyers Association 1984
Sustaining Member of the Saskatchewan Trial Lawyers Association 1984 - present
Member of the Alberta Trial Lawyers Association 1986 - present
Appointed Queen’s Counsel 2009
Saskatchewan Trial Lawyers Association to the SGI Review Committee for Recommendations to the Automobile Accident Insurance Act 2015
May 2016 Awarded the Saskatchewan Trial Lawyers Association’s "Most Outstanding Lawyer Award"
President of the Regina Rochdale Sask Party Constituency 2008 – 2015
Chairman of the Board of Directors of the Conexus Arts Centre 2011-2014
Director of the Katepwa Beach Golf Course 2006 ongoing
In Saskatchewan, motor vehicle accident injuries and death benefits are governed and paid according to the Automobile Accident Insurance Act (referred to as the “AAIA”) and any applicable package policies. The AAIA is administered by Saskatchewan Government Insurance (referred to as “SGI”) who have a monopoly in Saskatchewan providing insurance coverage for damage to vehicles and benefits for injuries suffered as a result of the operation of a moving vehicle. However, a person’s entitlement to benefits often results in disputes as between the insurer and its insured. Below is a general description of the benefits which are payable under No Fault Insurance.
When amendments were introduced to the AAIA, effective January 1, 1995 the concept was that the right to sue at fault drivers for pain and suffering would be taken away from innocent persons who were injured and replaced by a system that would entitle all people injured in automobile accident to have access to rehabilitation benefits, regardless of fault. In 2016, anyone injured in a motor vehicle accident has coverage for rehabilitation benefits to the maximum amount of $6,719,606 for medical and rehabilitation costs. However, issues often arise as to what an injured person is entitled to for benefits. Anyone who is dissatisfied with SGI’s Decisions as to their entitlement is entitled to appeal the decision within a limited time.
The AAIA provides insurance to a maximum of $94,539.00 (gross) in 2016. However there are deductions in calculating the benefit a person may be entitled to, for example, there is a 7 day waiting period and a person is only entitled to 90% of net (after deduction for income tax, CPP, and EI).
Some IRB’s are calculated using the “Industrial Wage Average” which is currently $51,134. IRB’s are payable whether you are employed, a student, a seasonal employee, self- employed, a caregiver or whatever you situation. There is also provision for “substitute workers”. Problems however often arise as to what category the injured party may fall into as it relates to benefits. Again, the Decisions of the insurer are appealable within a limited period of 90 days.
If the injured party’s loss of income exceeds $94,539.00 gross, they are entitled to sue an “at fault” party for any deficiency pursuant to section 103 of the AAIA. This will require a lawsuit and the services of a lawyer. All such suits must be brought within 2 years of the accident.
If an injured party has a package policy with private insurers like SGI Canada or Wawanesa for example, these policies will provide for payment of the 10% deficiency in the income loss. In addition, the Family Protection provisions of such policies will cover many deficiencies in the at fault driver’s coverage such as a loss of income claim for sums in excess of maximum coverage. Speak to your insurer or your lawyer for details. Proposed amendments will affect the deductibility of Canada Pension Plan Disability Benefits and again, you should consult your legal counsel in this regard.
These benefits are intended to cover the cost of obtaining assistance with household responsibilities of the injured party. They pertain to the duties we do on a daily basis and are unable to do because of injuries suffered in a motor vehicle accident. They are payable based on an assessment by the insurer. They may be of a functional (maximum $847 per week) or cognitive nature ($425 per week). Again, what a person is entitled to according to the insurer’s discretion will be communicated by a “Decision Letter” and the injured party has 90 days to appeal such decisions to either the Automobile Injury Appeal Commission or the Court of Queen’s Bench. You should consult your lawyer before filing an appeal because once an appeal is filed, the venue cannot be changed.
Although there is no compensation for pain and suffering or loss of enjoyment of life, the AAIA does provide for the payment of compensation for permanent impairment. If the injuries are considered catastrophic the 2016 payment would be a maximum of $235,186. For “other permanent injuries” the maximum is $192,561.
However, these determinations are made by an SGI consultant, usually without seeing the injured party and based on information supplied by the insurer once it is considered the person has reached “maximum medical improvement” In the past, these assessments have take many years to be made and there has been no provision for interim payments or interest on the benefits. Again, it is hoped that amendments to the AAIA which have been recommended to the government will result in changes in the spring of 2016.
It should be noted however, that anyone who is considered to have been intoxicated at the time they were injured in an accident for which they were at fault, will not be entitled to this benefit.
This benefit is payable to spouse and for dependants as provided by the AAIA. It is based on the deceased employment status and income at the time of death. Again, it is the insurer who will make the initial determination as to what the benefits will be. This decision will be communicated to the family by way of a “Decision Letter” which must be appealed within 90 days if for whatever reason the decision of the insurer is to be questioned.
There is also the ability to “capitalize” these benefits. Again, the advice of counsel would be beneficial in making this decision.
In addition to benefits based on income, there are additional benefits payable such as education allowance for the surviving spouse, grief counselling, vocational counselling, financial counselling and funeral benefits.
Where IRB’s have been payable for a period of two years, the insurer is also responsible for the payment of Pension Benefits to injured parties.
This has been a brief summary of the benefits to which an person injured from a motor vehicle in Saskatchewan is entitled to benefits. It should also be noted that Saskatchewan residents injured by a motor vehicle outside the borders of Saskatchewan is also entitled to these benefits and may be entitled to bring an action for benefits payable by the laws of the jurisdiction in which the accident took place.