At our weekly meeting, we discussed a decision addressing the statutory threshold in motor vehicle accident claims.
In MacFarlane v. Razmerita, 2019 ONSC 6160, the jury did not award the plaintiff any damages whatsoever.
Previous case law considered whether a trial judge has to make a determination on the threshold when no damages are awarded, or whether the issue is moot.
Justice Sanfilippo indicated that a decision on the threshold is mandatory, based on the wording of the statute and a recent Divisional Court case.
Justice Sanfilippo held that the plaintiff did not meet the threshold because he did not adduce medical evidence which showed that he sustained an impairment as a result of the accident in question.