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The court found the plaintiff met the verbal threshold and established unidentified motorist coverage, awarding damages and fixing costs.
The plaintiff, Norman Ramcharran, brought an action for damages following a hit-and-run collision.
A jury awarded general damages, past loss of income, and future loss of income.
The defendant insurer, State Farm, brought a post-trial motion arguing the plaintiff's injuries did not meet the statutory verbal threshold under the Insurance Act.
The court applied the three-part test from Malfara v. Vukojevic, finding the plaintiff's permanent physical impairment (right elbow pain and weakness) was important and serious, thus meeting the threshold.
The court also addressed OPCF 44R Family Protection Endorsement coverage, ruling that physical evidence (vehicle damage photos) sufficiently corroborated the involvement of an unidentified vehicle.
Finally, on costs, the court determined that the plaintiff's April 13, 2023, offer to settle, despite a subsequent lower offer, remained valid for Rule 49 costs consequences, and fixed costs and disbursements in favour of the plaintiff.
Commercial lease termination declared invalid for failing to provide statutory notice and opportunity to remedy breach.
The applicant tenant brought an application for a declaration that the respondent landlord unlawfully terminated its commercial lease for a parking lot.
The landlord had posted a Notice of Termination alleging the tenant abandoned the premises.
The court found that the landlord's notice did not comply with s. 19(2) of the Commercial Tenancies Act because it failed to provide the tenant with a reasonable opportunity to remedy the alleged breach or make compensation.
Consequently, the court declared the termination of the lease invalid.
