Does a jury’s verdict in a personal injury case exceed the threshold determination under the Insurance Act?

However, as observed by Leach J. in Mayer et al v. 1474479 Ontario Inc. et al, 2013 ONSC 6805, at paras. 44-45 and 50, the overlap arising out of the relation between the jury’s verdict and the judge’s threshold determination: “44. … gives rise to the distinct possibility that a jury, charged with factual determinations in such cases, and a trial judge, charged with making a legal threshold ruling effectively requiring underlying factual determinations of a similar nature, may perceive such matters differently and arrive at separate conclusions that appear to be inconsistent. 45. However, that is an unavoidable reality of our jury system and the superimposed legislative scheme now embodied in the threshold provisions of the Insurance Act, supra. …”