Following a jury verdict awarding the plaintiff $108,000 for injuries sustained in a motor vehicle collision, the defendants brought a threshold motion under the Insurance Act.
The defendants argued the plaintiff failed to prove a permanent serious impairment of an important physical function.
The court preferred the evidence of the plaintiff's chronic pain expert over the defence's orthopaedic surgeon, finding the plaintiff suffered a permanent and serious impairment that prevented her from continuing her employment as an exotic dancer.
The defendants' motion was dismissed.