The defendant brought a threshold motion seeking a declaration that the plaintiff, Catherine McNamee's, claims for non-pecuniary general loss and health care expenses were barred under the Insurance Act, as her injuries did not meet the "permanent serious impairment of an important physical, mental or psychological function" threshold.
The court, after hearing evidence at trial, focused on the issue of causation.
The plaintiff had a significant pre-accident history of alcohol use disorder, depression, and chronic pain.
The court found Ms. McNamee's evidence regarding the severity of the accident and the resolution of her prior injuries to be unreliable.
Preferring the defendant's expert opinion, the court concluded that Ms. McNamee's injuries from the motor vehicle accident had resolved by Fall 2014 and that her subsequent decline in functioning and mental health issues were primarily due to unrelated life stressors and her pre-existing conditions, not the accident.
Therefore, the plaintiff failed to establish causation, and her claims did not meet the statutory threshold.
The defendant's motion was granted.