Bernard v. Lamarsh, 2019 ONSC 6327

The plaintiff alleged to have sustained damages as a result of a motor vehicle accident. The defendant admitted liability but argued that the minor collision could not have caused the lasting injuries alleged by the plaintiff. After a two week trial, the jury awarded the plaintiff $10,000 for general damages and $14,000 for past loss of income. On the threshold motion, Justice Dow held that the plaintiff did not meet the threshold. Justice Dow preferred the evidence of the defendant’s assessors over the plaintiffs and was persuaded by surveillance evidence which captured the plaintiff without any apparent restrictions on 18 occasions.