Johnston v. Walker, 2017 ONSC 3494

The Defendant sought an order that the Plaintiff’s MVA injuries did not pass the statutory threshold. The jury had awarded the Plaintiff $60,000.00 in general damages. Justice Charney held that the Plaintiff’s injuries did not meet the statutory threshold as the evidence did not support that her ongoing pain substantially interfered with her ability to continue her regular employment or most of her usual activities of daily living. Justice Charney was also critical of the Plaintiff’s medical-legal report because it did not set out the Plaintiff’s specific functional limitations and was inconsistent with the Plaintiff’s own evidence.