Passed Threshold
Neck pain, intermittent occipital headaches, pain in the left shoulder, low back pain, depression, lack of sleep - while she can work and attend to her personal needs and grooming, she more often than not returns home from work effectively unable to do anything but lie down as a result of the pain - her usual activities of daily living outside of work, such as they were, have been curtailed markedly.
The Motion’s Judge found that the Plaintiff sustained a permanent serious impairment of an important physical, mental or psychological function. Section 267.5(5) of the Insurance Act reads as follows:
The owner of an automobile, the occupants of an automobile and any person present at the incident are not liable in an action in Ontario for damages for non-pecuniary loss… from bodily injury or death arising directly or indirectly from the use or operation of the automobile, unless as a result of the use or operation of the automobile the injured person has died or has sustained,
(a) permanent serious disfigurement; or
(b) permanent serious impairment of an important physical, mental or psychological function.
Therefore, the Plaintiff passed threshold. Damages were assessed at $22, 500.
Rio v. Lawrence
http://www.canlii.org/en/on/onsc/doc/2009/2009canlii6833/2009canlii6833.html
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