ONSC dismisses mva action on basis of causation, in part, and failure to meet threshold0 June 5, 2015 at 3:12 pm by Michael Teitelbaum
In Morgan v. Saquing, 2015 ONSC 2647, a comprehensive 60-page decision released on June 4th, 2015, Ontario Superior Court Justice Glustein found the plaintiff, inter alia, failed to meet the Ontario Insurance Act automobile claims “threshold”.
His Honour held that the plaintiff, based on the medical evidence, did not establish that his carpal tunnel syndrome was caused by the car accident. Moreover, His Honour found the plaintiff’s neck, back and shoulder pain were not a permanent impairment, again relying on the medical evidence, and that his alleged injuries have not caused a serious impairment. He found the video surveillance evidence “compelling that there has been no substantial interference with Morgan’s abilities to perform his usual activities or continue his employment”. He held that, among other things, the plaintiff “continued to function effectively as a secondary school physical education teacher” and “[e]ven if all the injuries are considered to have been caused by the accident (which I do not accept for the reasons I discuss above), there has been no substantial interference with his ability to perform his usual daily activities or his regular employment”.
Glustein J. assessed general damages at $30,000, but after deducting $10,000 for the unrelated carpal tunnel syndrome, and 25% for the contributing causes of the pain, ultimately held general damages were $15,000. He dismissed the claims for past and future loss of income.
In the result, His Honour dismissed the action.
Defence counsel were James Maloney and Ryan O’Leary of Hughes Amys LLP.
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