Following a motor vehicle collision, the defendants admitted liability and the jury awarded general damages and future health care expenses.
While the jury was deliberating, the defendants brought a threshold motion under the Insurance Act seeking a declaration that the plaintiff's injuries did not meet the statutory exception for permanent serious impairment of an important physical, mental or psychological function.
The court accepted that the plaintiff had chronic pain and that his condition was permanent, but held the evidence did not establish a serious impairment causing substantial interference with regular training or most usual activities of daily living.
The plaintiff's ability to complete ESL training and continue household activities undermined the claim that the threshold was met.
The motion was granted and the action dismissed.
