The court ruled on a threshold motion and costs following a jury trial in a motor vehicle accident case.
The defendant conceded liability, but after the jury awarded no damages, the defendant moved for a declaration that the plaintiff’s injuries did not meet the statutory threshold for health care expenses and non-pecuniary damages under the Insurance Act and regulations.
The court found that while the plaintiff suffered a permanent impairment, it was not serious or important enough to meet the threshold.
The defendant was awarded $150,000 in costs.