What is the threshold analysis in a motor vehicle accident where a plaintiff has sustained permanent impairment to one or more important function?
Ontario, Canada
The following excerpt is from Valentine v Rodriguez-Elizalde, 2016 ONSC 3540 (CanLII):
In Meyer v. Bright, the court outlined the three-part inquiry which is to be undertaken in the threshold analysis as follows: 1. Has the injured person sustained permanent impairment of a physical, mental or psychological function? 2. If yes, is the function which is permanently impaired important? 3. If yes, is the impairment of the important function serious?
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