The plaintiff sued after an OPP vehicle struck his arm while he was riding a bicycle at dusk, alleging negligence, unlawful detention, Charter breaches, chronic injury, income loss, future care costs, special damages, and punitive damages.
The court found the defendant liable for the collision but held the plaintiff 40% contributorily negligent for riding a black bicycle in dark clothing without the fixed lights and reflectors required by the Highway Traffic Act.
Applying the Grant and MacDonald frameworks, the court held there was no detention and therefore no breach of ss. 9, 10(a), or 10(b) of the Charter, and no Charter damages under Ward.
Applying the Insurance Act threshold and O. Reg. 461/96 criteria, the court found the plaintiff failed to prove a permanent serious impairment, largely because of credibility concerns, inconsistent self-reporting, and surveillance evidence.
In the alternative, the court assessed general damages at $50,000, awarded $4,800 in future care costs and $12,806.90 in special damages, denied income-related and punitive claims, and awarded costs to the defendant.
