Another Day, Another Confirmation that the Insured has the Onus to Establish non-MIG injuries

In Calliste v. State Farm Mutual Automobile Insurance Company (2016 ONSC 1854), the insurer brought a summary judgment to dismiss the Plaintiff's claim for medical benefits on the basis that the Plaintiff's injuries were within the Minor Injury Guideline (MIG). The insurer argued that based on the medical evidence, (1) the Plaintiff only suffered minor injuries from the accident and (2) the Plaintiff did not have any pre-existing condition that would prevent him from effectively recovering within the MIG limits. Additionally, the insurer sought summary judgment on the claim for income replacement benefits because the Plaintiff had not provided any evidence that he had lost any income.