What constitutes a permanent, continuous injury?
Ontario, Canada
The following excerpt is from Malfara v. Vukojevic, 2015 ONSC 78 (CanLII):
I agree with the court’s statement in Adams at para. 7 that case law prior to the enactment of the applicable provisions of O.Reg.461/96 is not irrelevant. This principle is also confirmed in Sherman v. Guckelsberger, [2008] O.J. No. 5322. Prior case law, as confirmed in Sherman at para. 142, is of assistance in determining what constitutes permanent, serious, continuous injuries, and what constitutes an important function.
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