Ms. Hawley

The court ruled on a threshold motion and costs following a jury trial in a motor vehicle accident case.

The defendant conceded liability, but after the jury awarded no damages, the defendant moved for a declaration that the plaintiff’s injuries did not meet the statutory threshold for health care expenses and non-pecuniary damages under the Insurance Act and regulations.

The court found that while the plaintiff suffered a permanent impairment, it was not serious or important enough to meet the threshold.

The defendant was awarded $150,000 in costs.

The applicant sought income replacement benefits following a motor vehicle accident.

The respondent insurer brought a motion for repayment of benefits already paid, alleging wilful misrepresentation.

The Tribunal found that the applicant deliberately misrepresented his employment status, claiming to be an employee rather than self-employed, and submitted falsified pay slips to support his claim.

Surveillance evidence further undermined the applicant's credibility.

The Tribunal dismissed the application for ongoing benefits and ordered the applicant to repay $59,817.21 in benefits previously paid due to his wilful misrepresentation.

The respondent was also found entitled to an off-set for CPP disability benefits.