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.
