What is the test for being totally disabled in any occupation?

Manitoba, Canada


The following excerpt is from Campbell v. Canada Life Assurance Co., 1990 CanLII 11298 (MB CA):

David Norwood in Life Insurance Law in Canada (1977), at p. 289 states: "A policy with the 'any occupation' type of definition usually required that total disability is such that the insured person is prevented from engaging in any occupation or per forming any work for compensation or profit. Notwithstanding this all-em bracing definition, this does not mean that the person is not entitled to the benefit if he is so sick that he can take on only trivial or in consequential work, or work for which he is over-qualified, or work for which he is completely unsuited by background." And at p. 290: "Nor will the insured be disquali fied if he cannot do his own work, but could work at a job completely out of his own line. A professional concert violinist who suffered from heart disease had no training or ap titude for work other than musical work and, although he was fit for an unrelated occupation not involving stress, he was held to be totally disabled from following 'any gainful occupation'. Blackstone v. Mutual Life mace. Co., [1944] O.R. 607."

Other Questions


What is the test for granting occupation rent to a party of a marriage? (Manitoba, Canada)
What is the test for arbitrable disability benefits? (Manitoba, Canada)
When will a claim for loss of earnings be deducted from income before retirement because of disability? (Manitoba, Canada)
Does a joint tenant of a commercial property have to pay occupation rent to the owner of the property, even if there is one joint tenant who abandons the property? (Manitoba, Canada)
What is the test for claiming occupation rent from a party in possession of a home where the court concluded there was no ouster? (Manitoba, Canada)
What is the definition of settled intention in international law? (Manitoba, Canada)
What is the effect of an order requiring the respondent to pay costs of an indemnification claim? (Manitoba, Canada)
What is the test for a judicial review of a corporate election? (Manitoba, Canada)
What is the test for establishing a causation test in a motor vehicle accident case? (Manitoba, Canada)
Does the husband have to rely on the threshold test for spousal support awarded by a motions judge? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.