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Category Archives: Threshold
Divisional Court Orders New Trial After “Offensive” Jury Address of Defence Counsel
In Abdallah v. Snopek, the Divisional Court, by a margin of 2-1, ordered a new trial of a personal injury action arising out of a motor vehicle accident. The decision opened with the often-quoted words, “[a] jury trial is … Continue reading
Posted in Insurance News, Juries, Threshold, Trial Procedure
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Master MacLeod Proposes Guidelines for Solicitors’ Affidavits
In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the … Continue reading
Posted in Auto, Discoverability, Evidence, Insurance News, Limitation Periods, Practice and Procedure, Threshold
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C.A. Dismisses Appeal from Jury’s Causation Finding in MVA Case
Charge of Sproat J.pdf [UPDATE: Mr. Justice Sproat’s charge to the jury on the issue of causation has been added to this post in the link immediately above. Thanks to David Cheifetz, who received a copy of the charge from plaintiff’s … Continue reading
Posted in Auto, Insurance News, Juries, Threshold, Trial Procedure
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Soft Tissue Injury Found to Meet Bill 59 Threshold
Podleszanski v. Medley was a personal injury action arising out of a motor vehicle accident. Mr. Justice Alan W. Bryant ruled on a threshold motion brought by the defence while the jury was deliberating at trial. Holding that the plaintiff … Continue reading
Posted in Auto, Insurance News, Threshold
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Impairment “Permanent”, “Important”, But Not “Serious”
In Kourtesis v. Joris, Mr. Justice Edward R. Brown dismissed an action for damages arising out of a motor vehicle accident that occurred during the “Bill 59” regime of the Insurance Act. He held that the plaintiff’s chronic pain injuries … Continue reading
Posted in Auto, Insurance News, Threshold
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Montebello Post-Mortem
Another successful Civil Litigation Update concluded at Chateau Montebello yesterday. The conference, now in its 26th year, was acclaimed by numerous visiting Superior Court and Court of Appeal judges as Ontario’s premiere continuing legal education program. We are proud … Continue reading
Posted in Auto, Costs, Insurance News, Juries, Threshold
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Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold
ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us … Continue reading
Posted in Auto, Collateral Benefits, Damages, FLA, Insurance News, Threshold
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Another Threshold Ruling Driven by Jury’s Findings
In a post yesterday, we commented on a recent decision, Bisier v. Thorimbert, in which a Superior Court judge granted a defence threshold motion at the trial of a personal injury action, after the jury had awarded nothing for general or … Continue reading
Posted in Auto, Insurance News, Threshold
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Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero
Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading
Posted in Auto, Auto (Tort), Insurance News, Juries, Threshold, Trial Procedure
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Leave to Appeal Denied, Where Trial Judge Refused Costs to Successful Defendant
In a somewhat surprising decision, the Divisional Court has denied leave to appeal a trial judge’s refusal to award costs to a successful defendant in a personal injury action. Dinham v. Brejkaln arose out of a motor vehicle accident. The defendant was … Continue reading
Posted in Auto, Costs, Insurance News, Threshold
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