Financial Incentives and Efficiency Concerns: The Test for Catastrophic Impairment in Pastore v. Aviva Canada Inc.
October 14th, 2012
In Pastore v Aviva, a unanimous Court of Appeal established a new, lower threshold for catastrophic impairment. The decision also permitted the inclusion of chronic pain in the assessment of mental disorder overturning an earlier Divisional Court decision. Facts In this case, the Court was faced with a plaintiff injured in a motor vehicle accident. […]