Meeting Threshold: Do My Injuries Qualify?

There are three major components of every personal injury case: liability, threshold, and finally, the quantification of damages.

This article will look at the Court's recent consideration of threshold in motor vehicle accident ("MVA") claims.

Background

In MVAs, the question of liability can be relatively straightforward. Did the defendant strike the plaintiff, causing the plaintiff to sustain injuries? If so, we turn to the consideration of threshold.

Threshold considers whether the plaintiff's injuries constitute a permanent, serious impairment of an important physical, mental or psychological function as required under subsection 267.5(5) of the Insurance Act, RSO 1990, c I.8 (the "Act"). Put another way, the question is whether the injuries sustained are sufficiently severe to warrant the awarding of damage awards under the Act.