Dr. Marek Gawel

Following a jury trial arising from a motorcycle accident, the defendant brought a post‑verdict threshold motion under s. 267.5 of the Insurance Act seeking to bar recovery of non‑pecuniary damages.

The moving party argued the plaintiff failed to establish a permanent serious impairment of an important physical, mental, or psychological function.

The court reviewed the statutory definitions under Regulation 381/03 (Bill 198) and considered extensive medical and lay evidence regarding chronic pain, knee injury, psychological effects, and functional limitations.

The court held the plaintiff established a permanent and serious impairment affecting important functions, including employment capacity and activities of daily living.

The threshold was met and the defendant’s motion was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to weekly income benefits and rehabilitation expenses.

The insurer terminated benefits and sought repayment, alleging the applicant was not employed at the time of the accident and misrepresented his condition.

The arbitrator found the applicant lacked credibility, having concealed a pre-existing work-related knee injury and a prior severe head injury from both the insurer and medical assessors.

The arbitrator concluded the applicant was not employed at the time of the accident and did not suffer an ongoing disability caused by the accident.

The applicant's claims were dismissed, and the insurer was granted repayment of the weekly income benefits paid, as they were induced by the applicant's culpable error and failed to account for deductible workers' compensation benefits.