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agC
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alzd theiraffiliates
Wednesday
May
3 2 2 5 36Central
3 28
CARSZNIEMOONM
CARSZNIEMOONM3 5
l43
l
l
7/25/2019 Threshold Decisions
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agC
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CARSZNIEMOONM3 5
Page
l
CARSZNIEMOONM3 5
ViewMemorandum
Summary
MemopoLsumm
3 48Dsclaimer
Memorandum
of
Law
C
Thomson
Reuters
Canada
Linzited
or
itsLicensors
excluding
individual
court
doctmzents Al
rights
resenred
Classification
Insurance
A
utomobile
iasumnce
flzreshod
issues fleneral
principles
Author
TVA
The
Legal
Outsourcing
Network
Jurisdiction
Ontario
Date
of
Research
March l
Updated
Date
March l
Legal
Issue
Wzich tlzreshod
cases
have
found
a
serious
and
penzzanent
impainuent
under
the
Bll l98
regime
Fact
Scenario
Your
clients
were injured
in
moor velzicle
accidents
You
would like
a
chart
stmzmaly
of
the decisions where the
plaintiffs passed
thetlzreshod
Other
Key
Words
ilzstuunce
Statlztoly
AccidentBenefits Schedttle SABS
tlzreshod Bll
98 serious
penzzanent
impainuent
Subject
Insurance
CONCLUSION
Below is
a
chart
summaly
ofBll l98decisions inwlzich the
plaintiffs
have
passed
thetlzreshod
ANALYSIS
Case
Name Date
of
Description
of
Injuries
Tlueshod
Met
Y
q
Dscussion
Analysis
ofTlueshod
As
MVC
Reasons
for
Judgment
sessed
dnm
ages
Ca
Feblu
9
year
od
pedestrianwas
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rhedeceaseds
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marata
aly
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vecle
He were
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met
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Morgan
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7/25/2019 Threshold Decisions
3/6
agC
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CARSZNIEMOONM3 5
Page
2
S C
J
dent related
injuries
Injur
nziss
action
was
allowed
affd
k
7
ies
included
a
head
injttly
The
plaintiffs
did
not
issue
2 9
deep
veintlzrombosis alzd
a
Statementof
Claim
until
Carswel
pain
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lzis
body
two
years
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a
month
lont77
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ientation
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ical
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members
was
issued
hvo
ing
the limtation
period
years
and
one
month
post
accident
Saikaly
Octo Plaintiffsttffered
a
serious
FfsAlthough
the second Justice
Mclseanagreed
with
n
a
Buck 2 8 ber l7 knee
injuly
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part
ofthe
ntling
has
not
Justice
Morissette
in
C
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Carswel
2 3
trouble
kneeling
since the been released Justice Mcnamee
that
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lont9 3 accident she
tmdenvent
Mclsean
foundthePlaintiff theAct
are
essentially
cont
irmat
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surgely
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met
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the
oly
ofthe law tlzat is found in
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culty using
the stairs
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basis
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her
impainzzents
Meyer
right
para
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walking long
distances
substantially
interfered
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workbut with
most
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activities
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work She
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dd
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paring
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Plaintiffsustained
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genuine
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no
income
lont
57 6
pain
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both
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evenona
part
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legs
Plaintiff
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with accommodations
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is
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longer acceptable
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full time Sheworked
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wll
often
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part
timewith constant
upon
her
ability
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eventhough
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Carswel
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lifestyle
such that
itis
a
substantial
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lont
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reasons
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ityonarepeated
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e
g
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incurring
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Reuters
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toOrig
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7/25/2019 Threshold Decisions
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O
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Page
a
restriction
that
negatively
impacts
her
lifestyle
C
Barkley
July
2 Plaintiff
was
at
the
time Fhrheback
pain
would
na na
Litigation
2 4
of
the
MVC
She
sustained interferewith
most
of
the
Guardian
a
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liv
o9
o
fracture
ofthe
superior
end
ing
especiallyconsidering
gel
2 8
plate
of
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land
a
lesser
the
plaintiffs
age
The
Carswel
fracture
of
Tl
with
asso impainzzent
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been
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lont
8774 ciated
soft
tissue
injuries
tinuous
since the
incident
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She
continued
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sttffer alzd is
not
expectedto
sub
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pain
after
as
stantially improve
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little
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tvventy
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a
real riskof
it
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sitling
or
prolonged
stand
ing
as
the
plaintiff
ages
ing
Cnmpbell July
2 The
female
plaintiff
wasa
Ffhqhe
plaintiff
wascon na
General
oivin 2 5
housekeeper
in
a
hospital
sistent
both
intenzally
in dnm
2 8
part
time
at
the
time
ofthe herevidenceand
vis
a
vis
ages
Carswel
MVC She
was
also
a
rtln
theevidenceof
six
lay
wit
5
lont
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alzd
was
training
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a nesses
Prior
to
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past
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at
the
time
ofthe dent she
was
active
in
a
lossof
S C
J
accident She sustained
wide
range
of
sports
She income
soft
tissue
injuries
at
the is
now
described
as
inact 2446
neck shoulder back alzd
ive
and
sedentaly
The
fu
lzip asa
resultof
the
rear
court
accepted
theevid tttre
end
colision Shemade
ence
ofthe
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two
attempts
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gist
who
made
an
objective
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work
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key injuly finding
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wlzich continued
to
bother
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for theaccident the
her
was
pain
inher
abdo
plaintiff
wottld
no
have
men
sttfferedtraumato
the
ab
donzinal wall
and
wottld
no
sttffer
the
constantpain
she
now
has There
had
been
a
complete
reversal
in
hernonual
lifestyle
H
Hayden
Novem
Male
plaintiff
with
ongo
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sunreillance Justice
Fergusonwas
persuaded
n
a
teven ber 8
ing
symptoms
ofnzid
to
videos
ofPlaintiff
bending by
Justice
Morissettes
viewof
son
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pain nnxiety
de
sitling crouclng
reach
the
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pression
and
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ing
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Justice
Ferguson
Bll l98does
not
make
prior
case
lont3578 culties Afteraccident
accepted
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that
law irrelevant
case
law
remains
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re
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canperfonu
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itieswith
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ifhe
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ous
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itdue
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the
regttlation
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a
codifica
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4
pain
tion
vs
a
toughening
up
of
thecriteria the
plaintiff
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passed
tlzreshod
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Valdez
May
Trial
concemedOctober
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Milanetti
concludedthe
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accident alone
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Plaintiffdid
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did
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make
prior
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for
2
2 3
l72 4accident settled
pre
existing
lzistoly
of law irrelevant Further
support
to
pain
Carswel Octo alzd
May
2 3
Paintiff clzronic
pain
Turning
the
line
of
cases
that
hodtlzat and
lont
3 ber
was
at
fattlt downaltenzate
cleaning
Bll
l98tltreshod
is
not
substan
sttffer
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2 3
driverl
plaintiff
retumed
to
workdue
to
back
pain
con
tially
more
onerous
than
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primazy
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As
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was
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clzronic
Back
pain
Bll59
case
law
of
7
Meyer
Siodlowski ical
lowback
pain
pain
is
significant
andPlaintiff
Bright
alzd
U
May
asoa
2 9 from
groin
alzd
leg
are
has
penuanent
injuries
Carswel disc
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knee strain
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