Following a jury trial in a motor vehicle accident action, the jury awarded damages including general damages, future housekeeping costs, and future care.
The defendant brought a threshold motion under s. 267.5 of the Insurance Act seeking dismissal of the plaintiff’s claim for general damages and certain future care expenses on the basis that the plaintiff had not proven a permanent serious impairment of an important bodily function as required by Ontario Regulation 381/03.
The court held that the trial judge determines the threshold issue independently of the jury’s verdict and is not bound by the jury’s factual findings.
The plaintiff’s expert evidence was rejected as lacking objectivity and failing to comply with the evidentiary requirements of the Regulation.
The court concluded the plaintiff failed to meet the statutory threshold and dismissed the claims for general damages and future medical rehabilitation expenses.
