What is the test for an injured person to have a right shoulder and neck?

Ontario, Canada


The following excerpt is from Frankfurter v. Gibbons, 2003 CanLII 15731 (ON SC):

Meyer v. Bright requires that the bodily function must be important to the injured person as a whole and that the court must consider the effect which the relevant bodily function has upon the plaintiff’s way of life in the broadest sense. In this case, I have no hesitation in finding that the use of her neck, right shoulder and arm are important bodily functions for the plaintiff. In particular, the plaintiff needs to be reasonably mobile in any sales capacity which it is expected she will perform when she returns to work. In addition, she requires a flexible neck and shoulder for her Latin ballroom dancing activities and in the performance of heavier household chores for herself and her mother.

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