The Plaintiff was a 67 year old male with chronic right knee pain. At trial, he testified that he currently experienced chronic pain in his right knee, could not walk or run long distances, and had difficulty climbing stairs. He had a constant limp and was no longer able to perform his pre-accident home renovation work. The jury awarded general damages of $22,000.00 and $2,000.00 for out-of-pocket expenses. On a threshold motion, the Plaintiff’s theory was that the MVA triggered a pre-existing condition to become symptomatic. The defence theory was that the Plaintiff sustained a muscle sprain in his knee after the MVA which would have resolved in six to eight months. Justice McKelvey accepted Dr. Finkelstein’s opinion that it was rare for a patient to have no symptoms given the degree of arthritis in the Plaintiff’s right knee and that the current knee pain was likely unrelated to the MVA. As such, the Plaintiff did not meet the statutory threshold.
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