What is the test for serious impairment of important bodily function?
Ontario, Canada
The following excerpt is from Thomas Thomas v Pin to Pin Express Inc., 2016 ONSC 4385 (CanLII):
The evidentiary record also establishes that the impairment of the important functions is serious. In making the determination of whether important bodily function(s) is “serious”, the court is to consider the seriousness of the impairment to the plaintiff and not just the injury itself in isolation: Mohamed v. Lafleur-Michelacci, [2000] O.J. No. 2476 (S.C.), at para. 56.
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