What is the threshold for chronic pain?

Ontario, Canada


The following excerpt is from Pisani v. McDaniel, 2022 ONSC 224 (CanLII):

As stated by Firestone J. in Malfara v. Vukojevic, 2015 ONSC 78: “It is important to recognize that it is “the effect of the injury” on the person and not the “type of injury” or labels attached to it which should be the focus of the threshold analysis. The effects of chronic pain are just as real and just as likely to meet or not meet the threshold as any other type of injury or impairment. It all depends on the manner in which the plaintiff has been impacted. The threshold determination is to be done on a case by case basis.”

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