The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's claims for medical and income replacement benefits following a motor vehicle accident.
The defendant argued the plaintiff's injuries fell within the Minor Injury Guideline (MIG) $3,500 cap and that no evidence supported the income replacement claim.
The court granted the motion, finding the plaintiff failed to put his best foot forward by adducing medical evidence to rebut the defendant's section 44 assessments.
The court concluded there was no genuine issue requiring a trial and dismissed the action.
