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Posts Categorized: personal injury

Bill 59 Threshold – Interpretation – Pain and Suffering Damages

Case Comment – Xiao v. Gilkes (2009 Ont. S.C.)


This case is an interesting review and interpretation of the Bill 59 threshold for pain and suffering damages, arising from a motor vehicle accident which occurred on November 20, 2000.

In Ontario under the legislation governing motor vehicle accidents, the “Bill 164” regime was for accident which occurred between January 1, 1994 to October 31, 1996; a deductible of $10,000 applied to pain and suffering damages.  The “Bill 59” regime applied to accidents occurring between November 1, 1996 to September 30, 2003; the deductible for pain and suffering damages increased to $15,000. … Continue Reading

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Bill 198 Decision – Ali v. Consalvo, 2009 (Ontario Superior Court)

This is a further decision (found here) rendered on the Bill 198 threshold for pain and suffering damages, with Madame Justice Wilson finding that the plaintiff did not meet the threshold in this situation.

Bill 198 applies to motor vehicle accidents in Ontario as of October 1, 2003.  The test for pain and suffering damages has been expanded by Regulation and there are now a handful of recent decisions which have provided some guidance as to interpretation of the new test. … Continue Reading

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Smoking in Vehicle Not Allowed in Ontario

As of January, 2009, Ontario has banned smoking while in a car, if a child 15 years or younger is also in the car.  The offence attracts a $250 fine.


You can read the Smoke-Free Ontario Act.  The offence provisions are found at Section 9.2and also Section 15(6.1) of that Act.


From a civil litigation perspective, this adds another issue when dealing with liability concerns in motor vehicle accidents in Ontario.  This adds to the “Rules of the Road” provisions outlining a driver’s responsibilities under the Highway Traffic Act of Ontario.… Continue Reading

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Dental Surgeon awarded $260,000 for slip and fall injuries

Case SummaryHibberd v. William Osler Health Centre (2009) Ontario Superior Court per Pattillo, J.

This is a recent decision involving the slip and fall of a pediatric dental surgeon in the William Osler Health Centre hospital.  The plaintiff, Dr. Hibberd, fell on the wet hospital floor and contrary to hospital policy, there was no warning sign indicating a wet floor.

On liability, Pattillo, J., after an extensive analysis of the Occupier’s Liability Act and the evidence concerning the hospital’s policy and practices, held the hospital negligent for having failed to follow their policy on posting signs warning of wet floors.… Continue Reading

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Who says Shinny Hockey is free?

Earlier this month, the Quebec Superior Court awarded $44,000 to the parents of a 9 year old boy who suffered personal injury and lost some teeth while skating on a public outdoor rink.  The accident occurred when a 15 year old boy, playing shinny hockey on the same outdoor rink, negligently shot a puck and hit the 9 year old in the face. The case went to Trial and the victim was awarded damages reimbursing him for some of his medical expenses incurred and loss suffered.… Continue Reading

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First Case to deal with Bill 198 Threshold

Case Comment – Nissan v. McNamee, (Apr 30/2008) Ont SC per Morissette, J.

Although the plaintiff did not attract a damage award from the Jury (plaintiff appears to have suffered from credibility issues), the Trial Judge on the threshold motion indicated this was the first known Bill 198 threshold case. She embarked on an analysis of whether the Bill 198 regime changed the threshold test as interpreted under Bill 59 or whether Bill 198 was simply an attempt to codify the existing caselaw.… Continue Reading

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