In serious injury applications involving aggravation of pre-existing degenerative conditions, the applicant must adduce evidence establishing the difference between the progression that would have occurred without the accident and the progression that occurred as a result of the aggravation — even where the pre-existing condition was asymptomatic before the accident.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
8 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.