Dr. Schatzker

The applicant, a pedestrian injured in a motor vehicle accident, sought post-104 week income replacement benefits.

The arbitrator found that while the applicant sustained orthopaedic injuries preventing him from returning to his pre-accident employment as a stair builder, he did not suffer a complete inability to engage in any employment for which he was reasonably suited by education, training, or experience.

The applicant failed to provide evidence of efforts to secure suitable alternative employment or retrain.

The application for benefits, special award, and interest was dismissed, and the insurer was awarded its expenses.

Following a jury trial for damages arising from a motor vehicle accident, the defendant brought a threshold motion arguing the plaintiff's claims for non-pecuniary damages and future care costs were barred under s. 267.5 of the Insurance Act.

The court reviewed extensive expert medical evidence regarding the plaintiff's chronic pain.

Despite the lack of objective findings and the jury's low damage award, the trial judge found the plaintiff credible and concluded she suffered from chronic pain caused by the accident, meeting the threshold of a serious permanent impairment.

The defendant's motion was dismissed, and judgment was entered in accordance with the jury's verdict.

Following a jury trial for a motor vehicle accident claim, the defendant brought a threshold motion arguing the plaintiff's injuries did not meet the statutory requirement of a permanent, serious impairment of an important physical, mental or psychological function.

The plaintiff adduced evidence from multiple medical experts and lay witnesses demonstrating chronic pain that substantially interfered with her employment and daily living.

Despite some credibility issues regarding the plaintiff's employment history and surveillance footage, the court found the corroborating medical and lay evidence sufficient to establish the impairment.

The motion was dismissed.

The defendant brought a motion during a jury trial for a ruling that the plaintiff's claims for future care costs and non-pecuniary damages were barred by the statutory threshold under the Insurance Act.

The plaintiff suffered a whiplash injury in a rear-end motor vehicle accident and subsequently developed chronic pain.

The defendant argued the plaintiff was malingering and exaggerating her symptoms for financial gain.

The trial judge dismissed the motion, finding the plaintiff credible and concluding she suffered a serious permanent impairment due to chronic pain caused by the accident, despite the jury ultimately awarding only $10,000 for general damages and $14,521.21 for past loss of income.

The appellant orthopaedic surgeon appealed a trial judgment finding him negligent in his post-operative treatment of the respondent's fractured femur.

The trial judge found the appellant breached the standard of care by scheduling a follow-up appointment six weeks later instead of monitoring the patient closely, which led to the femur healing in a deformed position requiring invasive surgery.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings on standard of care, causation, and the assessment of damages for future loss of income.