What is the test for a threshold motion in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Shipley v. Virk, 2017 ONSC 4941 (CanLII):

I add to the jurisprudence one comment. The trial judge may consider on the threshold motion the jury’s verdict only to the extent that the Jury must have made findings of fact that are relevant to the issues on the threshold motion of a) was there an injury that has caused an impairment of a physical, mental or psychological function, b) is that impairment permanent, c) is the function impaired an important one, and d) is the impairment of the function serious (see Wheeler v. Rawlings, supra, para. 19 to 23). The trial judge must ignore a patently unreasonable jury award, one not based on the evidence, or an award which may have several alternate plausible factual bases or explanations.

Other Questions


In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
What is the test to be met on a threshold motion in a motor vehicle accident? (Ontario, Canada)
Is a motion to extend time for service of a statement of claim in a motor vehicle accident just a "just resolution" of the claim? (Ontario, Canada)
What is the threshold for impairment in a motor vehicle accident? (Ontario, Canada)
What is the test for determining whether there is a claim against the owner or operator of the vehicle in a motor vehicle accident? (Ontario, Canada)
What is the time for an action for damages from injuries suffered in a motor vehicle accident to be commenced within two years of the date of the accident? (Ontario, Canada)
What is the threshold analysis in a motor vehicle accident where a plaintiff has sustained permanent impairment to one or more important function? (Ontario, Canada)
What is the threshold analysis in a motor vehicle accident case? (Ontario, Canada)
What is the threshold for chronic pain in a motor vehicle accident? (Ontario, Canada)
What is the threshold for serious impairment in a motor vehicle accident? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.