What is the test for a serious impairment?
Ontario, Canada
The following excerpt is from Mousseau v. Morrison, 2018 ONSC 1274 (CanLII):
The impairment is the focus as opposed to the injury itself when considering the criterion of “serious”. The significance of the effect of injury on one’s employability was recognized in Meyer v. Bright, 34 It is simply not possible to provide an absolute formula which will guide the court in all cases in determining what is “serious”. This issue will have to be resolved on a case-to-case basis. However, generally speaking, a serious impairment is one which causes substantial interference with the ability of the injured person to perform his or her usual daily activities or to continue his or her regular employment.
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