Skip to the content
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases

LAT Case Law Summaries

Commercial/Tort Case Law Summaries

Back To All Case Summaries
Back To All Case Summaries

Emmanuel et al. v. RBC General Insurance Co. et al., 2022 ONSC 1718

  • June 30, 2022

The plaintiff was injured as a pedestrian, when she was struck by an unidentified truck in November 2014. She sustained a mild concussion and soft tissue injuries. Following a trial, a jury awarded her $75,000 in general damages, and awarded her husband $10,000 in damages pursuant to the Family Law Act. The plaintiff was found 75% at fault for the accident. The defendant brought a motion on threshold following the trial.

Justice Sugunasiri held that the plaintiff did not meet the threshold. As to her psychological injuries, the plaintiff did not seek any treatment after 2017. Additionally, she called no treating witnesses. From a physical perspective, Justice Sugunasiri noted: the plaintiff did not fill all possible prescription refills for pain medication; the plaintiff did not see a physiotherapist after December of 2014; the plaintiff did not see a doctor for pain, nor any doctor at all since the birth of her third child in September of 2019; the plaintiff worked at Red Lobster in February of 2019 doing kitchen prep until September of 2019 when her third child was due; and the plaintiff had three young children for whom she was primarily responsible until the children were eligible to attend junior kindergarten. Justice Sugunasiri rejected the expert evidence of physiatrist Dr. Ghouse because his conclusions were not supported by objective evidence. Justice Sugunasiri preferred the defence physiatry expert, Dr. Clark, who found that the plaintiff’s subjective reporting was inconsistent and unlikely to be related to ongoing injury or impairment.

Full decision here

TGP Analysis

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vestibulum placerat ex vitae dui dignissim, in iaculis tellus venenatis. Nam aliquet mauris eros. Mauris vitae justo sit amet nisi dictum euismod in sed nisl. Donec blandit, justo eu pellentesque sodales, eros urna dignissim tortor, non imperdiet enim massa ut orci. Pellentesque id lacus viverra, consectetur neque ac, congue lorem.

PrevPrevious Case
Next CaseNext
  • FILED UNDER Threshold, Motor Vehicle Accident
SHARE

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com