The Appellant, Mr. Purtill is the Defendant in this matter who drove his motor vehicle while impaired and struck the Plaintiff vehicle, causing the death of a young child and serious injuries to other family members.
The threshold is a somewhat controversial test used by courts to determine whether an accident victim should be allowed to recover money for pain and suffering.
Should people with auto insurance be excluded from juries in car crash trials? OTLA Director Kris Bonn argues that jurors familiar with car insurance might decide to reduce the victim’s award, in order to keep premiums from becoming more expensive. How is that fair to Ontario’s vulnerable and injured?
Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …
Imagine for a moment that you are suddenly injured in a car accident for which you are not at fault and are now stuck with its consequences, which most often include pain, suffering, loss of enjoyment of life, and impairments which impact your ability to earn a living. It’s a good idea to make sure that you use a lawyer who can really help you …
Damages assessment, following jury verdict, in which the new statutory deductible was considered. Also provides commentary on threshold and Chronic Pain.
