Marcelo v. The Personal Insurance Company (2026 ONSC 974)

The claimant appealed the Tribunal’s decision that her injuries fell within the “minor injury” definition. One of the injuries sustained in the accident was an intracranial brain contusion. The Tribunal held that the injury was a “minor injury” because it was a contusion. The Court allowed the appeal, holding that an intracranial brain contusion was not a “minor injury” and that the claimant was entitled to medical benefits above the $3,500 limit.