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ARTICLE · 26 SEPTEMBER 2016

Threshold Motion And Chronic Pain: Arteaga v. Poirier, 2016 ONSC 3712

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Justice DiTomaso concluded on the threshold motion that the Plaintiff, Ms. Eliana Arteaga, had sustained a permanent and serious impairment despite MRI reports showing no issues.

CanadaLitigation, Mediation & Arbitration
Brynn Enros
Brynn Enros
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A recent case highlights the importance of having expert evidence a trials involving complaints of chronic pain. Justice DiTomaso concluded on the threshold motion that the Plaintiff, Ms. Eliana Arteaga, had sustained a permanent and serious impairment despite MRI reports showing no issues. Ms. Arteaga was injured as a result of a motor vehicle accident on March 15, 2011.  She was rear-ended by a dump truck travelling at approximately 60 kilometres per hour while stopped in traffic northbound on Highway 50 and Queen Street in Brampton.  The impact with the dump truck caused Ms. Arteaga's motor vehicle to be launched forward and collide with the vehicle in front of it.  Unfortunately, Ms. Arteaga was involved in two subsequent motor vehicle accidents in March and April of 2012 as well as two subsequent slip and fall incidents in September 2012 and May 2013.  Ms. Arteaga testified at trial that she suffered injuries to her jaw, neck, left shoulder, and left side of her

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