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Category Archives: Threshold
Brak v. Walsh (New Threshold Decision)
A decision dealing with the Insurance Act threshold was released this afternoon by Superior Court Justice Gordon Killeen, in Brak v. Walsh. Justice Killeen found that, in this case, the threshold had not been met. This was a motor vehicle case … Continue reading
Posted in Auto, Insurance News, Threshold
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Plaintiff’s Four Accidents Require Analysis of Causation, Consent, Threshold, Protected Defendant and Damages
The recent judgment of Superior Court Justice Ruth Mesbur in Moore v. Wienecke reads more like a law school problem than a real-life set of facts. The plaintiff was involved in motor vehicle accidents in 1998 and 2002, which were the claims … Continue reading
Posted in Auto, Damages, Insurance News, Threshold
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Plaintiff Back to Work, Engaged, But Still Meets Threshold
After a series of recent Bill 59 “threshold” decisions that have favoured insurers (most recently Page v. Primeau, which was the subject of a previous Update), a Superior Court judge has decided a threshold motion in favour of the plaintiff. In Sasso … Continue reading
Posted in Auto, Insurance News, Threshold
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Report from Montebello
The conference marked its twenty-fifth anniversary this year. It has become one of the premier continuing education programs for civil litigators in this province. Our own Heather Williams is one of the organizers and we are proud of her contribution. Continue reading
Posted in Auto, Damages, Insurance News, Threshold
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Myofascial Pain Injury is Permanent, Important, but not Serious
An Ottawa Superior Court judge has dismissed a claim for personal injuries arising out of a 2000 motor vehicle accident, on the basis that plaintiff did not meet the Insurance Act “threshold”. The court was satisfied that the injury was … Continue reading
Posted in Auto, Insurance News, Threshold
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Plaintiff’s Lack of Credibility Taints Evidence of Medical Experts
In a decision released this afternoon, Mr Justice Geoffrey Morawetz dismissed a personal injury action alleged to have arisen from a motor vehicle accident. He found that the plaintiff had not established that her injuries met the threshold. His rather … Continue reading
Posted in Auto, Evidence, Insurance News, Threshold
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Back Injury Pierces Threshold
Lahay v. Henderson arose out of an MVA which left the plaintiff with soft tissue injuries, principally to his back. Liability was admitted. The trial judge ruled that the plaintiff, a manual labourer before the accident, would never be able … Continue reading
Posted in Auto, Insurance News, Threshold
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Mistake as to Seriousness of Injury Does Not Extend Limitation Period
The “discoverability” principle does not permit a limitation period to be extended where a plaintiff delays suing because she does not, at first, realize the seriousness of her injury. This is what the Divisional Court ruled in Smith v. Toronto.In … Continue reading
Posted in Auto, Discoverability, Insurance News, Limitation Periods, Threshold
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Two Significant C.A. Personal Injury Decisions
Two decisions of importance to the personal injury bar and the insurance industry were released by the Court of Appeal this afternoon. They are Vollick v. Sheard and Walker v. Ritchie. Both cases involved the issue of whether an owner … Continue reading
Posted in Auto, Insurance News, Threshold
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Threshold Decision Favours Plaintiff But Jury Sees Case Differently
Regular readers of our Updates know that just when insurance defence lawyers and their clients were beginning to despair of ever winning a threshold motion, a series of decisions were handed down that favoured the defence. But a Superior Court … Continue reading
Posted in Auto, Collateral Benefits, Insurance News, Threshold
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