What is the legal test for chronic pain?
Ontario, Canada
The following excerpt is from Ksiazek v. Newport Leasing Ltd., 2006 CanLII 36958 (ON SC):
The Nova Scotia Court of Appeal has ruled that for chronic pain, the onus remains on the plaintiff to show that symptoms did not develop because of his own negligence in coping with the initial injuries. Chronic pain can often be avoided if the plaintiff follows treatment. He should show that despite his own reasonable efforts, the secondary effects developed as a result of the initial injuries: White v. Slawter, supra.
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