I agree with the court’s statement in Adams at para. 7 that case law prior to the enactment of the applicable provisions of O.Reg.461/96 is not irrelevant. This principle is also confirmed in Sherman v. Guckelsberger, [2008] O.J. No. 5322, at para. 142, which stated that prior case law is of assistance in determining what constitutes permanent, serious, continuous injuries, and what constitutes an important function.
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