Pastore v. Aviva Canada Inc.
The Law Times covered the recent decision by the Ontario Supreme Court on Pastore v. Aviva. Some of the significant portions of the Court's rulings are:
- Only one marked or extreme functional impairment due to a mental or behavioural disorder is necessary to qualify accident victims for enhanced catastrophic impairment
- Pain can be considered within the marked or extreme test in cases in which the pain is not clearly related to physical causes and may be related to a mental disorder.
You can read a copy of the ruling on my website. We will now wait and see whether the Ontario Governement's proposed changesregarding major changes to the definition of catastrophic impairment support, rather than challenge, the decisive reasoning of the Courts.