What is the burden of proving permanent impairment of a bodily function?
Ontario, Canada
The following excerpt is from Mayer et al. v. 1474479 Ontario Inc. et al., 2013 ONSC 6806 (CanLII):
In Meyer v. Bright, supra, our Court of Appeal also confirmed that a plaintiff has the burden of proving that he or she falls within the legislated threshold exceptions for the advancement of such claims, and indicated that the appropriate approach to such threshold determinations was to answer, sequentially, the following questions: 1. Has the injured person sustained permanent impairment of a bodily function by continuing injury which is physical in nature? 2. If the answer to question number 1 is “yes”, is the bodily function, which is permanently impaired, an important one? 3. If the answer to question number 2 is “yes”, is the impairment of the important bodily function serious?
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