In what circumstances will a plaintiff have to prove serious functional impairment to qualify for the exception in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Bishop-Gittens v Lim, 2016 ONSC 2887 (CanLII):
The serious nature of the impairment has been emphasized in other cases as well. In Strangis v. Patafio, 2013 ONSC the court commented that the intent behind the threshold is clear. People are required to bear some non-trivial non-pecuniary losses arising from car collisions without compensation. It is not for the court to read down the provision so that it applies only to trivial functional impairments. The statutory framework in the case law makes it clear that the plaintiff must establish a serious impairment in order to satisfy the statutory criteria for the exception.
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