J. Shinehoft

The plaintiff brought an action for damages arising from a motor vehicle accident.

Following a jury verdict that resulted in net zero damages due to deductibles and prior settlements, the court ruled on the defence's threshold motion.

The court preferred the evidence of the plaintiff's experts, finding that the plaintiff suffered from chronic pain syndrome caused by the accident.

The court concluded that the plaintiff sustained a permanent and serious impairment of an important function, thereby meeting the statutory threshold, despite the action ultimately being dismissed.

The plaintiff sued the City of Hamilton for injuries sustained after falling into a ravine in a wooded area of a city park at night.

The court held that the lower standard of care under s. 4(1) of the Occupiers' Liability Act applied because the plaintiff was engaged in a recreational activity and had wandered off a marked recreational trail.

The court dismissed the action, finding that the City did not act with reckless disregard for the plaintiff's safety, as it had no prior knowledge of the danger and the natural hazards were obvious.

Damages were assessed provisionally.