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.
