threshold Tag Archives

How Insurers Deduct Thousands from Accident Victims’ Compensation

Insurers save thousands thanks to the threshold, deductible and damages limits

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. Out of a common sense of fairness, one would expect our legal system to adequately compensate accident …

Mamado v. Fridson, 2016 ONSC 4080 (CanLII)

At the conclusion of trial, the defendant brought a threshold motion and called two expert witnesses in support of the motion: Dr. Soric and Dr. Reznek. The Court found that the evidence from both witnesses contained serious flaws and expressed concern regarding how the majority of their income was derived from conducting medical-legal work for defendants. The motion was denied.

Dimopoulos v. Mustafa et al, 2016 ONSC 429

Bruff-Murphy v. Gunawardena, 2016 ONSC 7

This decision concerns a threshold motion following final instructions to the jury for an order striking the plaintiff’s claim for general damages on the basis that she failed to prove she suffered permanent and serious impairment of an important physical, mental or psychological function pursuant to s. 267.5 of the Insurance Act, R.S.O. 1990 Chapter I.8, as amended, including Ontario Regulation 381/03, made therunder. The motion was defeated.

Profits Soar for Ontario Auto Insurance Companies

Last week, an updated study from York University School of Business Professors Fred Lazar and Eli Prisman was released that reveals consumers likely overpaid $1.5 billion in the last two years for auto insurance. This includes overpayments of $700 million (or about $100 for each insurance policy) in 2014 on top of the $840 million ($120 per policy) in 2013. This study is further proof …

Malfara v. Vukojevic, 2015 ONSC 78

Released January 8, 2015 | CanLII This case contains a good refresher on the principles which will be considered in threshold motions.  Justice Firestone set out the following principles: the trial judge is not bound by the jury’s verdict, but is a factor he or she can consider in determining the threshold motion; “permanent” does not necessarily mean forever until death; a permanent impairment is a weakened …