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The defendant's motion to dismiss the plaintiff's general damages award was granted due to the plaintiff's failure to meet the statutory threshold and severe credibility issues.
The plaintiff sought damages for injuries from a motor vehicle collision.
Liability was admitted, and a jury awarded general damages.
The defendant moved to dismiss the general damages award, arguing the plaintiff failed to establish that his injuries exceeded the statutory threshold for permanent, serious impairment under the Insurance Act.
The court assessed the plaintiff's credibility, finding significant inconsistencies in his testimony and reporting of pre-accident history and employment.
The court also scrutinized the expert evidence, particularly rejecting the plaintiff's psychiatric expert for acting as an advocate.
Concluding that the plaintiff failed to meet the evidentiary requirements to establish a permanent, serious impairment of an important physical, mental, or psychological function, the court granted the defendant's motion and dismissed the plaintiff's claim for general damages.
Summary judgment was granted to insurers for subrogated claims against an uninsured driver who negligently caused a rollover.
The defendant Saad Amjad, a G1 driver, caused a motor vehicle accident injuring plaintiffs Jonathan Caithesan and Christo Delina.
Their respective insurers, Dominion General Insurance Company and Royal & Sun Alliance Insurance Company of Canada, settled the claims and then brought motions for summary judgment on their cross-claims against Amjad for recovery of the settlement payments.
The court found Amjad negligent in operating the vehicle and that the settled damages were reasonable.
The court dismissed Amjad's defence of contributory negligence by the passengers, finding that passenger knowledge of an inexperienced driver or influence to take a car does not constitute contributory negligence.
Summary judgment was granted in favour of both insurance companies against Amjad.
