Could the plaintiff be accommodated within his construction business by hiring others to do the heavy lifting? This, of course, would come at an expense which might affect the profitability of the business. In the case of Tennant v. Fariba, [2013] O.J. No. 1260, the court found the injuries met threshold and in addressing accommodation and threshold, the court noted: 44 … He cannot work the way that he did before as a flooring installer in his own business. He now tends to rely more on subcontractors to do the heavy physical work that he could do before. He cannot do the heavy lifting and repetitive work involving his arms and legs that he did before this accident. He is right hand dominant and cannot use his right arm as he did before to install flooring material and he cannot use his left knee also as he did before. … He did not suffer from these types of problems before the accident but has experienced all of these difficulties since December 8, 2006.
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