What is the test for having a spouse who suffers from multiple sclerosis to continue to experience pain?
Ontario, Canada
The following excerpt is from Gaukel v. Thukral, 2008 CanLII 45544 (ON SC):
“The requirement that the impairment be “serious” may be satisfied even although plaintiffs, through determination, resume the activities of employment and the responsibilities of household, but continue to experience pain. In such cases it must also be considered whether the continuing pain seriously affects their enjoyment of life, their ability to socialize with others, have intimate relations, enjoy their children and engage in recreational pursuits”. Brak v. Walsh (supra)
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