The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages. Following a multiple-week trial, the jury awarded the plaintiff $15,000 for general damages, $2,500 for past housekeeping, $0 for medication, $3,100 for past treatment, and $2,500 for the FLA claimants non-pecuniary claim. The plaintiff had numerous long-standing medical issues before the accident, including chronic neck and back pain and severe headaches. He suffered soft tissue injuries from the accident, and continued to work in his pre-accident employment. He claimed that the accident caused an exacerbation of the pre-accident conditions. Justice Beaudoin preferred the expert evidence of Dr. Devlin (for the defence) over Dr. Kleinman (for the plaintiff), and held that the plaintiff had not proven that his current ailments were a result of the MVA, and therefore he did not meet the threshold.
