Posts Categorized: bill 198 threshold

Case Comment – Sabourin v. Dominion of Canada General Insurance Company (2009 Ontario Superior Court)

This new Bill 198 threshold case found that the plaintiff did not meet the threshold.  Brown, J. found there to be various credibility problems associated with the plaintiff.  This was a minor rear-end accident whereby the vehicle damage to the plaintiff’s car was $2,300.

The analysis of the threshold test is helpful and includes a review of the White Paper proceeding the legislation change.

Interesting, the defence sought a ruling that housekeeping damages were subject to the Bill 198 threshold. … Continue Reading

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

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