He cites the decision in Page v. Primeau[16] where Sedgwick J. notes: “The onus of proof rests on the plaintiff to satisfy the court that it is more probable than not that the statutory exception set out in subsection 267.5(5)(b) applies to her. As to what will happen in the future, she “can satisfy the onus by showing upon expert or cogent evidence that there is a substantial possibility that a particular event or condition may occur”, [citation omitted]. The defendant is not obliged to lead contrary evidence that the plaintiff has not brought herself within the statutory exception, [citation omitted]. Inadequate medical evidence led by the plaintiff as to the severity of her injuries or the absence of a diagnosis or prognosis of them is a sufficient basis for a finding that the plaintiff has not brought herself within the statutory exception, [citation omitted].[17]
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