What is the test for determining whether a minor injury is minor?
New Brunswick, Canada
The following excerpt is from Chiasson v. Thériault, 2018 NBQB 177 (CanLII):
[27] Despite the difference between the situation in Ontario and New Brunswick regarding the onus, a trial judge in New Brunswick may use the three part test developed in Meyer v. Bright to determine whether or not a personal injury is minor: 1. Has the injured person sustained permanent impairment of a bodily function caused 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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