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Category Archives: Threshold
Threshold Ruling Does Not Imply Causal Connection
The Court of Appeal has just released an important decision that will be of interest to those handling MVA claims. In Igbokwe v. Price, the court ruled that the trial judge’s finding, that the plaintiff’s injuries met the Insurance Act … Continue reading
Posted in Auto, Insurance News, Threshold
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Threshold Motion Succeeds
The Divisional Court’s decision in Frankfurter v. Gibbons, which was the subject of an earlier Update, has already been applied in an Ontario Superior Court trial decision. In Bridgewater v. James, Mr. Justice Herman J. Wilton-Siegel cited the Frankfurter decision … Continue reading
Posted in Auto, Insurance News, Threshold
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Divisional Court Reverses Trial Finding that Injury Was “Serious”
In a decision that was good news for insurers, the Ontario Divisional Court has reversed the finding of Superior Court Justice Wilton-Siegel, that injuries suffered in a 1999 MVA met the threshold under s. 267.5(5) of the Insurance Act . … Continue reading
Posted in Auto, Insurance News, Threshold
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Plaintiffs Get Damages of $750, Costs of $21,000
This case, released today, is a bit of a head-scratcher.In Branco v. Allianz Insurance, the plaintiffs were claiming damages as a result of personal injuries suffered in a motor vehicle accident. The trial lasted eight days before Justice Siegel and … Continue reading
Posted in Auto, Costs, Damages, Insurance News, Threshold
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Important “Crumbling Skull” and Threshold Decision
In a decision handed down yesterday, Ottawa judge Madam Justice Giovanna Toscana Roccamo awarded damages of more than $700,000 to two chronic pain plaintiffs. The case is Hartwick v. Simser. The 63 page decision of Madam Justice Toscana Roccamo will be … Continue reading
Posted in Auto, Auto (Tort), Damages, Insurance News, Threshold
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Employer/Owners No Longer “Protected Defendants”?
Happy Canada Day à tout le monde!We wish we could be the bearers of more cheerful news on this festive day. In an important decision, a judge of the Superior Court has just ruled that the Insurance Act does not … Continue reading
Posted in Auto, Insurance News, Threshold
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Injury is Permanent But Not Serious
A rare bird has been sighted: a threshold decision in favour of the defence. In Singh Kapoor v. Patterson, a copy of which is attached, Justice Wein dismissed an action arising out of a 1998 MVA. The dismissal was based … Continue reading
Posted in Auto, Insurance News, Threshold
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