4.2(1)The following definitions apply in this Part.
“Act” means the Insurance Act.(Loi)
“plaintiff” means a plaintiff in an action for damages arising out of an accident.(plaignant)
“serious impairment” means, in respect of a plaintiff, an impairment of a physical or cognitive function that
(déficience grave)
(a)
results in a substantial inability to perform
(i)
the essential tasks of the plaintiff’s regular employment, occupation or profession, despite the plaintiff’s reasonable efforts to use any accommodation provided to assist the plaintiff in performing those tasks,
(ii)
the essential tasks of the plaintiff’s training or education in a program or course in which the plaintiff was enrolled or had been accepted for enrolment at the time of the accident, despite the plaintiff’s reasonable efforts to use any accommodation provided to assist the plaintiff in performing those tasks, or
(iii)
the plaintiff’s normal activities of daily living,
(b)
has been ongoing since the accident, and
(c)
is not expected to improve substantially.
“sprain” means an injury to one or more tendons or ligaments or to one or more of each.(entorse)
“strain” means an injury to one or more muscles.(foulure)
“whiplash associated disorder” means a whiplash injury that
(troubles associés à l’entorse cervicale)
(a)
does not exhibit objective, demonstrable, definable and clinically relevant neurological signs, and
(b)
does not exhibit a fracture in or dislocation of the spine.