Category Archives: Threshold

Cases interpreting the “threshold” requirement of s. 267.5(5) of the Insurance Act.

Divisional Court Orders New Trial After “Offensive” Jury Address of Defence Counsel

  In Abdallah v. Snopek, the Divisional Court, by a margin of 2-1, ordered a new trial of a personal injury action arising out of a motor vehicle accident. The decision opened with the often-quoted words, “[a] jury trial is … Continue reading

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Master MacLeod Proposes Guidelines for Solicitors’ Affidavits

In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the … Continue reading

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C.A. Dismisses Appeal from Jury’s Causation Finding in MVA Case

Charge of Sproat J.pdf [UPDATE: Mr. Justice Sproat’s charge to the jury on the issue of causation has been added to this post in the link immediately above. Thanks to David Cheifetz, who received a copy of the charge from plaintiff’s … Continue reading

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Soft Tissue Injury Found to Meet Bill 59 Threshold

Podleszanski v. Medley was a personal injury action arising out of a motor vehicle accident. Mr. Justice Alan W. Bryant ruled on a threshold motion brought by the defence while the jury was deliberating at trial. Holding that the plaintiff … Continue reading

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Impairment “Permanent”, “Important”, But Not “Serious”

In Kourtesis v. Joris, Mr. Justice Edward R. Brown dismissed an action for damages arising out of a motor vehicle accident that occurred during the “Bill 59” regime of the Insurance Act. He held that the plaintiff’s chronic pain injuries … Continue reading

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Montebello Post-Mortem

     Another successful Civil Litigation Update concluded at Chateau Montebello yesterday. The conference, now in its 26th year, was acclaimed by numerous visiting Superior Court and Court of Appeal judges as Ontario’s premiere continuing legal education program. We are proud … Continue reading

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Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold

ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us … Continue reading

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Another Threshold Ruling Driven by Jury’s Findings

In a post yesterday, we commented on a recent decision, Bisier v. Thorimbert,  in which a Superior Court judge granted a defence threshold motion at the trial of a personal injury action, after the jury had awarded nothing for general or … Continue reading

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Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero

Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading

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Leave to Appeal Denied, Where Trial Judge Refused Costs to Successful Defendant

In a somewhat surprising decision, the Divisional Court has denied leave to appeal a trial judge’s refusal to award costs to a successful defendant in a personal injury action. Dinham v. Brejkaln arose out of a motor vehicle accident. The defendant was … Continue reading

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