<Tort Threshold>

-In MVA Tort action, it is critical for your MVA clients to understand whether or not there is sufficient medical evidence to have a reasonable chance of persuading a judge that he/she had sustained an injury that met the requirements of s. 267.5(5) of the Insurance Act.

-267.5 of the Insurance Act relates to:

(a) permanent serious disfigurement; or
(b) permanent serious impairment of an important physical, mental or psychological function.

-If the sufficient evidence regarding permanent serious disfigurement was obtained even after 2 year limitation (which happens), court can agree there is a genuine issue requiring a trial, and the Tort action wouldn’t be deemed to be late.