The appellant appealed a trial judge's decision on a threshold motion in a motor vehicle accident case, which found her injuries did not meet the statutory threshold under the Insurance Act.
The respondent cross-appealed the trial judge's costs award, arguing the threshold decision should have been considered in the costs analysis.
The Divisional Court dismissed the appellant's appeal, finding no palpable and overriding error in the trial judge's assessment of the medical evidence.
The court granted the respondent's cross-appeal on costs, applying the recent decision in Saleh v. Nebel, and remitted the costs issue to the trial judge.
