52. The legislative effects, in these circumstances, prohibit access to fundamental health care, cause ongoing serious psychological impairments, and are caused by a delay imposed by the legislation and its implementation. As such, the case is analogous to Chaoulli.
53. In summary, it is respectfully submitted that s. 267.5(1) of the Insurance Act violates s. 7 of the Charter by:
a. threatening the security of person by causing ongoing physical and psychological harm and by impeding recovery from physical and psychological damage from the accident, and
b. violating the principles of fundamental justice due to arbitrariness insofar as it is inconsistent with the objectives of the legislative scheme, overbroad by including individuals who are highly motivated to settle as quickly as possible, and grossly disproportionate as it punishes those who cannot work to a greater extent than any other group for delays in litigation.
CANADIAN CHARTER OF RIGHTS AND FREEDOMS http://laws-lois.justice.gc.ca/eng/Const/page-15.html