The plaintiff was 21 years of age when she was involved in a motor vehicle accident. She sustained soft tissue injuries, and as of the time of trial had persistent pain in her right shoulder and neck with tingling in her hands and arms. The defendants denied that the plaintiff’s ongoing symptoms were caused by the accident. The plaintiff’s orthopedic surgeon expert witness acknowledged at the conclusion of his testimony that he could not say that the plaintiff’s subjectively reported symptoms were caused by the accident. Justice Abrams criticized the plaintiff’s other expert witness, a psychologist, for failing to report either in her report or during her testimony (until pressed on cross examination) important inconsistencies in the medical record that contradicted the plaintiff’s subjective complaints. Justice Abrams also noted credibility issues arising from the plaintiff’s displays of embellished pain behaviour during trial, which he viewed to be out of proportion with her subjective complaints and at odds with her past conduct in medical examinations. Justice Abrams concluded on the evidence that as a result of the accident, the plaintiff sustained a whiplash injury of approximately eight weeks duration. She did not meet the statutory threshold.
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