What is the meaning of the term "impaired bodily function and serious permanent impairment of an important bodily function"?
Ontario, Canada
The following excerpt is from Podleszanski v. Medley, 2007 CanLII 46714 (ON SC):
The Court of Appeal in Meyer v. Bright (supra, at paras. 19-39) analyzed the meaning of the terms "impaired bodily function and serious permanent impairment of an important bodily function" in the context of the legislative scheme. The court rejected a subjective or objective test or a combined subjective/objective test to determine whether or not a particular bodily function was important. The court stated that whether the bodily function was important depended in part on the individual who was injured. Similarly, the term "serious" related to the degree of the impairment of the particular individual injured. The court stated that " . . . generally speaking, a serious impairment is one which causes substantial interference with the ability of the injured person to perform his or her daily activities or to continue his or her regular employment" (supra, at para. 34). These are fact-driven issues.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for serious impairment of important bodily function? (Ontario, Canada)
What is the test for determining whether an impairment of an important function is a serious impairment? (Ontario, Canada)
What is the burden of proving permanent impairment of a bodily function? (Ontario, Canada)
What is the threshold analysis in a motor vehicle accident where a plaintiff has sustained permanent impairment to one or more important function? (Ontario, Canada)
What is the test for having a permanently impaired bodily function? (Ontario, Canada)
What is the test for a plaintiff who sustained permanent impairment of a bodily function as a result of a motor vehicle accident? (Ontario, Canada)
Is an impaired function "important" in the application of section 267.5(5)(b)? (Ontario, Canada)
What is the sentence for an impaired driver who pleaded guilty to impaired driving and dangerous driving causing bodily harm? (Ontario, Canada)
What is the appropriate sentence for an impaired driver convicted after trial of impaired driving causing bodily harm? (Ontario, Canada)
In what circumstances will a plaintiff have to prove serious functional impairment to qualify for the exception in a motor vehicle accident? (Ontario, Canada)
