The plaintiff sought damages arising from a motor vehicle collision in which liability was admitted.
A jury assessed general damages at $35,000 but awarded nothing for competitive disadvantage or handyman services.
The trial judge was required to determine whether the claim met the statutory threshold under s.267.5 of the Insurance Act for recovery of non‑pecuniary damages.
The court held that the plaintiff failed to prove that his ongoing symptoms were caused by the collision, given significant prior back injuries and more persuasive defence expert evidence.
In any event, the alleged impairments did not amount to a permanent serious impairment of an important physical, mental, or psychological function.
The action was dismissed for failure to meet the statutory threshold.
