Stefanie Pereira

The court dismissed the defendant’s motion for summary judgment in a personal injury action arising from a 2015 motor vehicle collision.

The defendant argued the action was statute-barred, but the court found the limitation period did not begin to run until the plaintiff received a diagnosis in July 2020 that clarified the severity and cause of her injuries.

The court held that the plaintiff acted diligently and that there was not a sufficient body of evidence to support a claim until the feedback session with Dr. Day.

The action was therefore commenced in time.

Following a six-day trial for a motor vehicle accident, the jury awarded the plaintiff $30,000 in general damages.

The defendants brought a threshold motion under the Insurance Act, arguing the plaintiff's injuries did not meet the statutory exception for non-pecuniary damages.

The court analyzed the plaintiff's claim of chronic upper back pain and its impact on his employment as an RCMP officer, specifically his ability to earn overtime and train for the Emergency Response Team.

The court found that while the impairment was permanent, it did not substantially interfere with his regular employment, career training, or usual activities of daily living.

The defendants' motion was granted, and the plaintiff's claim for non-pecuniary damages was dismissed.