The plaintiff sought damages for injuries sustained in a car accident.
While the defendant admitted fault for the accident, the trial proceeded on the issue of damages, including non-pecuniary loss, loss of income, and future care costs.
The court found the plaintiff's testimony regarding her symptoms and limitations to be not credible, noting inconsistencies and a willingness to exaggerate or understate symptoms based on her immediate goals.
Consequently, the expert opinions largely based on the plaintiff's self-reports were given little weight.
The court concluded that the plaintiff failed to prove, on a balance of probabilities, that her alleged injuries were caused or aggravated by the accident or that she met the statutory threshold for permanent serious impairment under the Insurance Act.
The action was dismissed.
