Dr. Teshima

The plaintiff sought damages for injuries sustained in a motor vehicle accident.

Liability was admitted, and a jury awarded damages for pain and suffering, past income loss, and future income loss.

The court then heard the defendant's threshold motion, which argued the plaintiff's injuries did not meet the statutory threshold for non-pecuniary loss.

The court denied the defendant's motion, finding that the plaintiff had sustained a permanent serious impairment of an important mental or psychological function, thus allowing her claim for non-pecuniary damages to proceed.

The applicant father sought increased unsupervised access to the child, Anthony, after relocating to Ontario.

The respondent mother opposed, seeking termination or reduction of access, citing the child's anxiety and past allegations against the father.

The court considered two Office of the Children's Lawyer (OCL) reports, which recommended increased unsupervised access.

The court found the respondent's concerns about anxiety and past allegations unsubstantiated or addressed.

A temporary order was made to gradually increase the father's unsupervised access, including overnights, and outlined specific terms for exchanges, communication, and parental responsibilities.