• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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Arteaga v Poirier, 2016 ONSC 3712 (CanLII)

[52]           Dr. Erin Boynton is an orthopedic surgeon who testified on behalf of the defence.  She was of the opinion that Ms. Arteaga’s injuries were minor.  She testified that Ms. Arteaga’s neck and shoulder pain complaints would be potentially reversible with the appropriate gentle exercise to improve her posture and core muscle strength.  She testified that there was no evidence of impairment of a significant orthopedic function that had been continuous since the date of loss.  She attributed Ms. Arteaga’s current pain complaints to abnormal posture and deconditioning, which were potentially reversible with exercise.  It was Dr. Boynton’s opinion while Ms. Arteaga had pain in her neck and left shoulder, this had nothing to do with the motor vehicle accident, but was related to the way that Ms. Arteaga carried her head.  There were no problems with the way that Ms. Arteaga carried her head or with her posture or with her muscle conditioning before this motor vehicle accident.  Nevertheless, Dr. Boynton was of the opinion that Ms. Arteaga’s pain was not caused as a result of trauma.  She disagreed with the opinions of Dr. Alpert and Dr. Jacobs that Ms. Arteaga did suffer from an inflammation of her nerves and chronic pain. Dr. Boynton believed that Ms. Arteaga suffered muscular pain after the accident but this was temporary because there was no serious injury.

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