M. Harper

The defendant brought a pre-trial motion to strike the plaintiffs' claim for non-pecuniary general damages and healthcare expenses arising from a motor vehicle accident, on the basis that the plaintiffs failed to adduce the evidence required by s. 4.3(1) to (5) of O. Reg. 461/96 to establish the statutory threshold of permanent serious impairment.

The court found that no single medical report, nor the totality of the medical records proffered, satisfied the regulation's requirements for qualified physician evidence addressing the nature, permanence, and importance of the alleged impairment.

The motion was granted and the claims for non-pecuniary general damages and healthcare expenses were struck.

The plaintiff brought a motion to strike the defendants' jury notice in a personal injury action arising from a pedestrian/motor vehicle collision.

The matter was ready for trial but faced significant delays due to the suspension of civil jury trials during the COVID-19 pandemic.

The court granted the motion, finding that the anticipated delay of over a year would prejudice the plaintiff and undermine the service guarantee of an expeditious determination on the merits.

The jury notice was struck to ensure justice was better served by a timely judge-alone trial.