The Ontario Superior Court recently released a decision finding
an injured Plaintiff did not meet threshold on the basis that a
"disabling" impairment to the left shoulder was not
causally related to the accident.
In Grieves v. Parsons, the Plaintiff was injured in a motorcycle
accident on July 24, 2012. The Plaintiff sought past and future
income loss and general damages for pain and suffering and loss of
employment of life. The Defendants had previously admitted
liability.
The primary issue was whether the Plaintiff's impairments
were caused by the accident or by other medical conditions that
would have developed even if the Plaintiff had not been injured in
the accident.
While the jury was deliberating, the Defendants brought a
"threshold motion" for a declaration that the
Plaintiff's claim for general damages was barred on the basis
that the Plaintiff had failed to establish that, as a result of the
accident, he had sustained a permanent, serious impairment
