Following a jury verdict awarding general damages and past income loss arising from a pedestrian-motor vehicle accident, the defendant brought a threshold motion contending that the claim for non-pecuniary loss was barred by s. 267.5(5)(b) of the Insurance Act.
The court accepted that the accident caused the plaintiff's post-accident left shoulder pain, but held the plaintiff failed to prove that the impairment substantially interfered with his regular employment or with most usual activities of daily living within the meaning of O. Reg. 461/96, s. 4.2.
The plaintiff had continued working full-time for more than four years, the evidence about retirement and re-employment intentions undermined his reliability, and the daily-living evidence was insufficient.
The threshold motion was granted.
