Meghan Manning Hull

This decision concerns a threshold motion following a jury trial for damages arising from a motor vehicle accident.

The court was required to determine whether the plaintiff, Carissa Marcantonio, suffered a "permanent serious impairment of an important physical, mental or psychological function" as defined by the Insurance Act.

After reviewing the evidence of the plaintiff, her family, friends, treating professionals, and expert witnesses, the court found that the plaintiff suffered a severe, permanent impairment of an important mental or psychological function as a result of the accident, entitling her to general damages as awarded by the jury.

The plaintiffs brought a motion to strike the defendant's jury notice in a motor vehicle accident claim due to severe trial delays caused by the COVID-19 pandemic.

The court granted leave to bring the motion after the action was set down for trial, finding the pandemic constituted a substantial change in circumstances.

The court provisionally struck the jury notice to prevent prejudice to the 83-year-old plaintiff, ordering that the trial proceed by judge alone unless civil jury trials have resumed when the case is called.

The appellants appealed a motion judge's finding that the appellant driver was engaged in the course of her employment at the time of a motor vehicle accident.

The driver was attending a mandatory training session in Mississauga, staying at an employer-paid hotel in Toronto, and driving an employer-owned vehicle.

The Court of Appeal upheld the motion judge's application of the Bazely v. Curry test and dismissed the appeal, awarding $5,000 in costs to the respondents.