-Threshold in an Action against the At-Fault Party-

-One of the MVA clients was advised that with soft-tissue injury, he had no case unless there was some visible or objective injury.

-He suffered from a chronic pain condition that could continue for an indeterminate time, and our Legal Services asked him to undergo the MRI.

The MRI result provided proof of permanent injury, potentially sufficient to base a claim that would meet the statutory “threshold” and for which an award would likely exceed the $15,000 statutory deductible.

In some cases, it is until after the 2 year marks of the MVA that the client has no objective evidence that he indeed had suffered a “permanent serious impairment of an important physical, mental or psychological function” under s. 267.5(5)(b) of the Insurance Act.