In what circumstances will a plaintiff have to prove serious functional impairment to qualify for the exception in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Bishop-Gittens v Lim, 2016 ONSC 2887 (CanLII):
The serious nature of the impairment has been emphasized in other cases as well. In Strangis v. Patafio, 2013 ONSC the court commented that the intent behind the threshold is clear. People are required to bear some non-trivial non-pecuniary losses arising from car collisions without compensation. It is not for the court to read down the provision so that it applies only to trivial functional impairments. The statutory framework in the case law makes it clear that the plaintiff must establish a serious impairment in order to satisfy the statutory criteria for the exception.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the threshold analysis in a motor vehicle accident where a plaintiff has sustained permanent impairment to one or more important function? (Ontario, Canada)
What is the test for a plaintiff who sustained permanent impairment of a bodily function as a result of a motor vehicle accident? (Ontario, Canada)
In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
What is the test for determining whether a plaintiff has sustained a permanent impairment to her mental function as a result of a motor vehicle accident? (Ontario, Canada)
What is the burden of proving that a plaintiff is entitled to an exception in a motor vehicle accident case? (Ontario, Canada)
What is considered to be "serious impairment" in a motor vehicle accident? (Ontario, Canada)
What is the meaning of the term "impaired bodily function and serious permanent impairment of an important bodily function"? (Ontario, Canada)
In what circumstances will the discoverability principle apply when a plaintiff is injured in a motor vehicle accident? (Ontario, Canada)
How does a motorcyclist who was involved in a collision with another motor vehicle have to prove that the accident caused the impairment? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
