The defendant brought a pre-trial motion to strike the plaintiffs' claim for non-pecuniary general damages and healthcare expenses arising from a motor vehicle accident, on the basis that the plaintiffs failed to adduce the evidence required by s. 4.3(1) to (5) of O. Reg. 461/96 to establish the statutory threshold of permanent serious impairment.
The court found that no single medical report, nor the totality of the medical records proffered, satisfied the regulation's requirements for qualified physician evidence addressing the nature, permanence, and importance of the alleged impairment.
The motion was granted and the claims for non-pecuniary general damages and healthcare expenses were struck.
