The plaintiff was injured in a 2002 motor vehicle accident. The Court of Appeal overturned the decision on the first trial. At this second trial, the jury awarded the plaintiff $40,000 in general damages. No damages were awarded for future healthcare expenses. The defendant argued that the plaintiff’s injuries did not meet the threshold. Justice Chalmers agreed and the plaintiff was barred from recovering any general damages. Justice Chalmers accepted that the plaintiff suffered whiplash injuries that were permanent, but that the injuries were not serious and would not prevent the plaintiff from returning to her job. He rejected the plaintiff’s arguments that she suffered from psychological injuries and TMJ syndrome from the accident. The psychological injuries were caused by a sexual assault when the plaintiff was 18 years old. The TMJ syndrome was caused by the plaintiff grinding her teeth when she slept. Justice Chalmers accepted the opinions of defence experts Dr. Lipson (physiatrist), Dr. Gryfe (oral surgeon), and Dr. Finkel (psychiatrist).
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