The plaintiff, Ms. Emmanuel, sought general damages for injuries sustained in a motor vehicle accident.
A jury found her 75% at fault but awarded general damages and Family Law Act damages.
The court then conducted a threshold analysis under the Insurance Act to determine if Ms. Emmanuel's injuries constituted a permanent serious impairment of an important physical, mental, or psychological function.
The court found insufficient objective medical evidence to support permanence of physical injuries and no sufficient evidence for psychological injuries beyond 2017, especially considering her post-accident activities and lack of consistent treatment.
Consequently, the court dismissed the action, finding that Ms. Emmanuel did not meet the statutory threshold for non-pecuniary damages.
