What is the permanency of a motor vehicle accident?
Ontario, Canada
The following excerpt is from Sherman v. Guckelsberger, 2008 CanLII 68165 (ON SC):
It would appear that all three components need be established to satisfy the permanency requirement. I spent considerable time looking at Brak v. Walsh (not referred me by counsel). It deals with the seriousness and permanence of injury. I and counsel accept the new legislation does not make prior case law irrelevant. In fact, much argument was focused on case law that predated this legislative change as it must, given the paucity of decisions interpreting this new regime.
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