The defendant brought a successful pre-trial threshold motion in this personal injury action arising from a motor vehicle accident. The plaintiff was self-represented. In advance of the trial the plaintiff informed defence counsel that he would not be calling any witnesses at trial other than himself. He further confirmed that he would be relying only on documentary evidence already produced, which was comprised of medical notes and records obtained by defence counsel through the use of signed authorizations from the plaintiff in 2016. Justice Henderson granted the defendant’s threshold motion and dismissed the plaintiff’s claims for general damages and healthcare expenses. He did so on the basis of the plaintiff’s inability to introduce any evidence from a physician at trial as required by s. 4.3(2) of I. Re. 381/03. This failure was fatal to the plaintiff’s allegation that his injuries exceeded the statutory threshold.
