The insurer moved for summary judgment dismissing the accident benefits claim on the basis that the claimant's impairments fell within the Minor Injury Guidelines under the statutory accident benefits regime.
The court held that the responding party failed to put forward admissible evidence showing chronic pain, psychological impairment, or any injury taking the claim outside predominantly minor sprains and strains.
Applying the summary judgment framework, the court found there was no genuine issue requiring a trial and that the record was sufficient for final disposition.
Summary judgment was granted dismissing the action against the insurer, with costs fixed at $3,500 inclusive of disbursements and HST.
