The defendant brought two motions in anticipation of trial: one to declare the plaintiff's documentary evidence inadmissible hearsay, and another to dismiss the plaintiff's claims for general damages and healthcare expenses due to failure to meet the statutory threshold under the Insurance Act.
The court adjourned the hearsay motion to the trial judge, deeming it premature for a blanket ruling.
However, the court granted the motion to dismiss the damages and healthcare claims, as the self-represented plaintiff failed to adduce the required medical evidence from a physician to prove the injuries met the statutory threshold, as mandated by O. Reg 381/03.