What is the threshold for chronic pain in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Pupo v Venditti, 2017 ONSC 1519 (CanLII):
It is “the effect of the injury” on the person and not the “type of injury” or labels attached to it which should be the focus of the threshold analysis. The effects of chronic pain are just as real and just as likely to meet or not meet the threshold as any other type of injury or impairment. It all depends on the way the plaintiff has been impacted. The threshold determination is to be done on a case by case basis: Meyer v. Bright supra, at para 12.
The onus of proof to establish that the plaintiff’s impairments meet the statutory exceptions or “threshold” rests with the plaintiff: Page v. Primeau.
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