What is the test to be met on a threshold motion in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Nemchin v Green, 2017 ONSC 2283 (CanLII):

Despite the changes to the legislation over time and the regulation which defines some of the terms in the legislation, the 1993 Ontario Court of Appeal decision in Meyer v. Bright continues to be the case which governs the test to be met on a threshold motion. [3] The three-part inquiry to be undertaken on a threshold motion is as follows: • Has the injured person sustained permanent impairment of a physical, mental, or psychological function? • If yes, is the function which is permanently impaired important? • If yes, is the impairment of the important function serious? b) The Positions of the Parties i) The Defendant

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