The self-represented appellant appealed a jury verdict awarding him $3,000 for pain and suffering following a motor vehicle accident.
He argued the trial judge erred in instructing the jury on temporal causation, deprived him of a fair trial, and erred by failing to determine the statutory threshold impairment issue.
The Divisional Court dismissed the appeal, finding the jury charge was appropriate and the damages award was supported by evidence.
Although the trial judge erred in law by refusing to decide the threshold issue on the basis of mootness, the court found no substantial wrong or miscarriage of justice occurred to warrant a new trial.
