Bodenstein v. Penley, 2017 ONSC 116

In this case, the jury awarded general damages of $1,600.00 and $1,500.00 in lost income to one Plaintiff and $11,500.00 in general damages and $5,000.00 in lost income to the other Plaintiff. Justice Gilmore concluded that neither of the Plaintiffs’ non-pecuniary damage claims met the statutory threshold as both Plaintiffs were able to work and continue with their daily activities. Justice Gilmore also found that the jury did not accept the evidence of the Plaintiffs with respect to the nature and severity of their complaints and that the Plaintiffs’ injuries were not impairments and were not serious.