How do we determine if the plaintiff’s threshold has been met in Tort action?

Ontario Regulation 381/03 states comprehensive definitions and procedures that must be followed for determining whether or not the plaintiff’s threshold has been met. “Permanent serious impairment of an important physical, mental or psychological function” means impairment of a person that meets the criteria set out in section 4.2.             4.2  (1)  A person suffers from … Read More

How are the defendants protected from their liability for the plaintiff’s Tort action for his pain and suffering in Ontario?

S. 267.5 (5) of the Insurance Act protects the defendants from their liability for the plaintiff’s pain and suffering in the motor vehicle Tort action. In order for the plaintiff to be entitled to recover his general damages for his pain and suffering, he must satisfy the court that he has sustained “permanent serious impairment … Read More