What is the test for having a permanently impaired bodily function?

To establish whether the bodily function that is permanently impaired is an important one, the trier of fact must determine whether the function is important to the particular person injured. The court must consider the importance of the bodily function in issue as it relates to the particular individual who is affected by the impairment. As such, one must consider the injured person as a whole and the effects of the impairment on the individual’s way of life. See Vandenberg v. Montgomery (1999) O.J. No. 2789 (S.C.J.).

A person who cannot carry on his or her daily activities but is subject to permanence in symptoms including sleep disorder, severe neck pain and headaches which significantly affected the victim’s enjoyment of life has suffered a serious impairment. See Kayhan v. Greve (2011) O.J. No. 465 (S.C.J.).