Chronic Pain Injury meets Threshold for Non-pecuniary Damages
Under the Ontario" Insurance Act" s.267.5(5)(b), a person is eligible to receive non-pecuniary general damages from a motor vehicle accident claim only if they meet the required 'threshold' in terms of sustaining "a permanent serious impairment of an important physical, mental and psychological function". The Act also sets out specific requirements for proving 'serious' and 'permanent' injury, which includes evidence from at least one physician.To decide whether or not a plaintiff meets the threshold, the court must address three questions that were established in the seminal" Meyer v. Bright" Ontario Court of Appeal decision.
Has the victim suffered an impairment of a physical, mental or psychological function?
If yes, is the function that is permanently impaired, an important one?
If yes, is the impairment of the important function serious?
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