What is the test for determining whether a plaintiff has been found to have an impairment that causes her to lose the ability to communicate with the other parties?
Ontario, Canada
The following excerpt is from Bridgewater v. James, 2004 CanLII 48701 (ON SC):
The plaintiff has failed to demonstrate that this impairment satisfies the test articulated in Meyer v. Bright. I will set out my reasons by first describing my understanding of this test and then setting out my conclusion with respect to the operation of the test in the circumstances of this action.
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