Priya Shah

During a jury trial for a personal injury action arising from a motorcycle collision, the defendant brought a threshold motion under s. 267.5 of the Insurance Act.

The defendant sought a declaration that the plaintiff's claims for healthcare expenses and non-pecuniary losses were barred.

The court evaluated medical and lay evidence regarding the plaintiff's mild traumatic brain injury and post-concussion syndrome.

The court found that while the plaintiff could still work with accommodations, her impairments significantly disrupted her activities of daily living and social life.

The motion was dismissed, as the plaintiff established she sustained a permanent, serious impairment of an important physical, mental, or psychological function.

In a personal injury trial arising from a motor vehicle accident, the defendant brought a mid-trial motion to preclude the plaintiff's accounting expert from testifying.

The expert calculated the plaintiff's loss of income based on hypothetical scenarios regarding her unreported tip income as a server.

The defendant argued the reports lacked objective data and were prejudicial.

The court dismissed the motion, finding the expert evidence met the Mohan criteria for admissibility and that the jury could be trusted to evaluate the factual assumptions underpinning the expert's calculations.

The plaintiffs brought a motion for leave to amend their statement of claim to add an insurer (Economical Mutual Insurance Company, now Definity Insurance Company) as a defendant based on an OPCF 44R endorsement and to increase the quantum of damages.

The defendant opposed the motion.

The court found deficiencies in the service of motion materials on the proposed defendant and insufficient evidence to support the existence of the OPCF 44R endorsement.

Additionally, the defendant's counsel was an articling student not authorized to argue contested motions before a judge.

The court granted an extension for setting the action down for trial but adjourned the balance of the motion, requiring the plaintiffs to rectify the procedural and evidentiary deficiencies.

No costs were awarded for the initial hearing.