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
The following excerpt is from Goodridge v. King, 2007 CanLII 51161 (ON SC):
Counsel references Dennie v. Hamilton[7] where Whalen J. noted: The questions to be asked are: 1. Has the injured person sustained permanent impairment of a bodily function caused by continuing injury that is physical in nature? 2. If so, is the bodily function an important one? 3. If it is an important bodily function, is it serious? The plaintiff bears the burden of establishing on a balance of probabilities that she is entitled to the exception [citation omitted] The permanent impairment of bodily function must of course have been caused by the accident, and the plaintiff must also have proven this on a balance of probabilities.[8]
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