Anthony Michael Naples

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.

An appeal from an arbitration decision under the Insurance Act concerning priority of payment of statutory accident benefits.

The claimant, a 25-year-old who suffered severe traumatic brain injury in a motorcycle accident, was deemed catastrophically impaired.

The arbitrator determined that the claimant was principally dependent on his sister, who was insured by the appellant, rather than on his parents or the motorcycle insurer.

The appeal challenged the arbitrator's application of the dependency test, arguing that the arbitrator failed to properly apply all four criteria from the leading case and failed to conduct a precise calculation of the 51% threshold.

The court upheld the arbitrator's decision, finding no error of law or palpable and overriding error in the arbitrator's reasoning and factual conclusions.

This endorsement addresses costs following a summary trial where the plaintiff's claim was dismissed.

The defendant, who successfully defended the action, sought costs up to the maximum allowed under simplified procedure rules ($84,750).

The plaintiff did not make submissions.

The court considered factors under Rule 57.01, noting the defendant's counsel incurred excessive hours due to travel and having two counsel, and characterized the defendant's litigation approach as "scorched earth" and disproportionate.

The court also found neither party made serious efforts to resolve the case economically.

Ultimately, the court exercised its discretion to award the defendant costs fixed at $45,000, inclusive of fees, disbursements, and HST, which was less than the maximum sought.

The plaintiff sued the defendant for damages arising from a car collision.

The court found the defendant negligent and that his negligence caused certain injuries to the plaintiff.

However, the plaintiff's injuries, primarily cervical and lumbar strain exacerbating pre-existing chronic pain, along with some generalized anxiety and headaches, were found not to meet the statutory threshold for recovery of general damages or health care expenses under the Insurance Act.

The court determined that the impairments were not permanent or serious enough to substantially interfere with most of the plaintiff's usual activities of daily living, especially considering her significant pre-existing health issues and inconsistent participation in recommended treatments.

Consequently, the defendant's threshold motion was granted, and the action was dismissed.