What is the test for permanent impairment under the current legislation?
Ontario, Canada
The following excerpt is from Hensworth v. Mismar, 2006 CanLII 38232 (ON SC):
In Ahmed v. Challenger, [2000] O.J. No. 4188 at para. 17 (Sup. Ct.), Jennings J. set out the three questions to be answered under the current legislation as follows: 1. Has the injured person sustained permanent impairment of a physical, mental, or psychological function? 2. If yes, is the function which is permanently impaired an important one? 3. If yes, is the impairment of the important function serious?
"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 meaning of the term "impaired bodily function and serious permanent impairment of an important bodily function"? (Ontario, Canada)
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 current state of the law on pit bull legislation in the United States? (Ontario, Canada)
Is there a permanent impairment arising from the accident? (Ontario, Canada)
What is the burden of proving permanent impairment of a bodily function? (Ontario, Canada)
What is the test for having a permanently impaired bodily function? (Ontario, Canada)
What is the appropriate sentence for an impaired driver convicted after trial of impaired driving causing bodily harm? (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)
What is the test to determine whether legislation properly falls within the legislative jurisdiction of one or the other level of government? (Ontario, Canada)
What is the current state of the law on retroactively interpreting legislation? (Ontario, Canada)
