Dr. Rodway-Norman

In a motor vehicle personal injury jury trial, the defendants brought a threshold motion under s. 267.5(5) of the Insurance Act seeking to bar the plaintiff’s claim for non‑pecuniary damages.

Liability had been admitted and the jury awarded $125,000 in general damages and $150,000 for future care costs.

The court considered whether the plaintiff sustained a permanent serious impairment of an important physical, mental or psychological function within the meaning of the statutory threshold under Bill 198 (Regulation 381/03).

Evidence showed the plaintiff suffered ongoing ankle and neck problems and an exacerbation of pre‑existing clinical depression that significantly limited his daily functioning.

The court held that the combined physical and psychological impairments met the statutory threshold and substantially interfered with the plaintiff’s usual activities of daily living.

The defendants’ threshold motion was dismissed and the plaintiff was entitled to judgment in accordance with the jury’s verdict.

The applicant filed a human rights application alleging discrimination on the basis of sex by the respondent casino, 15 months after the incident.

The respondent requested the application be dismissed for being filed outside the one-year statutory time limit.

The applicant argued the delay was incurred in good faith due to her mental health issues, learning disability, and personal circumstances.

The Tribunal found that the applicant's level of activity in pursuing her rights shortly after the incident, along with the medical evidence, did not support her claim that her disabilities prevented her from filing on time.

The application was dismissed as the delay was not incurred in good faith.