This action arose from a 2015 rear end motor vehicle collision. Liability was admitted. The issues at trial were threshold and damages. The defendant took the position that the plaintiff sustained minor soft tissue injuries which resolved within six months of the accident and she had returned to most, if not all of her pre-accident activities…
threshold Tag Archives
Rodrigues v. Purtill, 2019 ONCA 739
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.
What is the threshold and who meets it?
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.
Challenging jury bias in Ontario automobile injury trials
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?
How Insurers Deduct Thousands from Accident Victims’ Compensation
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 …
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.