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When serious injury doesn't pass threshold

Thursday, January 12, 2017 @ 7:00 PM | By Domenic Nicassio

How “serious” does a “serious impairment” have to be for a plaintiff to pass the threshold under s. 267.5 of the Insurance Act? What kind of evidence should be advanced by a plaintiff in order to establish a viable future income loss claim?

These and other questions were considered in the decision of Ayub v. Sun 2015 ONSC 1828. The trial took place before Justice James Diamond of Toronto and the appeal was released by the Divisional Court on Oct. 27, 2016.

The decision provides useful...