The defendant brought a motion for a declaration that the plaintiff did not sustain a permanent serious impairment of an important physical, mental or psychological function following a motor vehicle accident.
The court applied the three-part test from Meyer v. Bright and considered the plaintiff's evidence, including testimony from his doctor and family members.
The court found that the plaintiff's impairments were permanent, serious, and substantially interfered with his activities of daily living.
The defendant's motion was dismissed, as the plaintiff met his onus of establishing that his impairments met the statutory threshold.
