The plaintiff was involved in a motor vehicle accident and sued the defendant for damages arising from personal injuries. At trial, the jury awarded the plaintiff $3,000 in general damages, and nothing for past or future lost income, future care expenses, or housekeeping services. The trial judge concluded that he did not need to make a threshold determination because operation of the applicable statutory deductibles precluded the plaintiff from recovering any damages. The Divisional Court held that the trial judge erred in failing to rule on the issue of threshold. A threshold determination is mandatory under s. 267.5(15) of the Insurance Act, even if there is no possibility that the plaintiff will recover damages based on the jury award. The Divisional Court did not order a new trial.
