Strategies for Indivisible Injury Claims

This presentation discusses the general legal principles involved in assessing divisible and indivisible injuries, and describes recent to changes in the case law in that regard. It suggests a number of methods for avoiding a finding of indivisible injury and give some examples of these methods in the case law. The presentation also provides a 5-step process for analyzing indivisible injuries and preparing the defence of files where indivisible injuries are at issue. The presentation concludes by describing a number of scenarios and applying the 5-step analysis to them.