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Nadarajah v. Aviva Canada Inc., 2017 ONSC 7522

  • December 18, 2017

The jury awarded the Plaintiff $15,000.00 in general damages. Justice Monahan found that while the soft-tissue pains suffered by the Plaintiff as a result of the MVA were “no doubt unpleasant and perhaps frustrating”, they were still tolerable, were not serious, and did not impact an important function. The Plaintiff was also unable to explain how his soft tissue injuries prevented him from performing his daily activities. As a result, the Plaintiff did not meet the statutory threshold and his claim for general damages was barred.

Full decision here

TGP Analysis

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