The plaintiff sought damages for injuries from a motor vehicle accident.
Following a jury verdict that awarded modest general damages, the defendants brought a threshold motion seeking a declaration that the plaintiff's claim for non-pecuniary loss was barred under the Insurance Act.
The court considered the plaintiff's significant pre-existing arthritic condition and the medical evidence on causation.
The court found that the plaintiff failed to establish that the motor vehicle accident caused a permanent serious impairment meeting the statutory threshold, largely due to the pre-existing condition and the jury's modest award.
The defence motion was granted.
