Comparison of Key Changes to Tort from Bill 59 to Bill 198

1. “Permanent serious impairment” must:
   1. substantially interfere with person’s ability to continue his or her usual employment despite reasonable attempts to accommodate the impairment;
   2. substantially interfere with the person’s ability to continue training for a career in the field in which the person was being trained before the incident, despite reasonable attempts to accommodate; or
   3. substantially interfere with most of the usual activities of daily living.
2. To be an “important” function, the function impaired must:
   1. be necessary to perform the activities that are essential of the person’s usual employment, taking into account efforts to accommodate;
   2. be necessary to perform the activities that are essential tasks of the person’s training for a career in the field in which the person was being trained before the incident, despite reasonable attempts to accommodate;
   3. be necessary for the person to provide for his or her own care or well-being; or
   4. be important to the usual activities for daily living;
3. For the impairment to be “permanent” it must:
   1. have been continuous since the incident and expected not to substantially improve;
   2. continue to meet the criteria in paragraph 1 above; and
   3. be of a nature that is expected to continue without substantial improvement when sustained be persons in similar circumstances.

Note: The Regulation also now prescribes the minimum evidence required to prove that the threshold has been meet by a claimant