Andrew Elias

Following a jury trial for a motor vehicle accident claim, the defendant brought a threshold motion arguing the plaintiff's injuries did not meet the statutory requirement of a permanent, serious impairment of an important physical, mental or psychological function.

The plaintiff adduced evidence from multiple medical experts and lay witnesses demonstrating chronic pain that substantially interfered with her employment and daily living.

Despite some credibility issues regarding the plaintiff's employment history and surveillance footage, the court found the corroborating medical and lay evidence sufficient to establish the impairment.

The motion was dismissed.

The appellants appealed a summary judgment dismissing their action against the respondent.

The Court of Appeal upheld the motion judge's decision, finding that despite not having the benefit of the Combined Air decision, the motion judge developed a full appreciation of the case.

The motion judge was entitled to engage in a limited weighing of the evidence and correctly concluded there was no evidence of over service of alcohol by the respondent.

The appeal was dismissed with costs.