Is an impaired function "important" in the application of section 267.5(5)(b)?

Ontario, Canada


The following excerpt is from Page v. Primeau, 2005 CanLII 40371 (ON SC):

An impaired function that is “important” is one which plays a major role in the health and general well-being of the injured plaintiff. It is only those functions which are important to the particular injured person which can amount to “important” functions in the application of the statutory exceptions. What must be considered by the court is the injured person as a whole and the effect which the impaired function involved has upon that person’s way of life in the broadest sense of that expression. If the impaired function is important to that particular injured person then, the impaired function is an “important” one in the application of section 267.5(5)(b). It is an issue of fact to be determined according to the evidence in each case. Essentially, the test of what is “important” to the injured plaintiff is a subjective test. What is important to him or her? Meyer v. Bright, supra at pp. 139, 140 (see para. [17] above)

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