TVA has you covered.

Two versions of the threshold factum are available – one for the plaintiff and one for the defendant. Discounts apply when both versions are purchased. Available in an editable format, these helpful precedent will save you the time and energy you would otherwise have to spend re-inventing the wheel.

Facing a threshold motion? Contemplating bringing one?

The plaintiff’s factum is a 30-paged precedent that reads like the law portion of a factum and takes you step-by-step through the test for determining whether the plaintiff has met the threshold as set out by the Insurance Act, R.S.O. 1990, c. I.8, as amended, and its Regulations.  With 86 authorities referred to, it is a thorough and comprehensive legal argument, requiring you only to customize it with the plaintiff’s relevant injuries and limitations on a case by case basis. The defendant’s version similarly sets out the test, but conversely focuses on the case law in which the threshold was not met, as well as the plaintiff’s credibility.

Both of these precedents were updated in 2022. Changes to the plaintiff’s version include new case law on how to strengthen the evidence of a plaintiff who is a ‘poor historian’, as well as a new case confirming that the inability to attend or complete high school is the loss of an ‘important function’ for a young person. There is also confirmation by the courts that the inability of a traditional homemaker to perform household functions is a ‘serious impairment’.

New law added to the defendant’s version includes a finding that the plaintiff will not necessarily meet the threshold where she had a pre-existing pain that is exacerbated by the accident. There is also new case law where the plaintiff was unsuccessful due, in large part, to the evidence submitted from her social media accounts.