What is the test for determining whether a claimant suffers from a complete inability to carry on a normal life?
Ontario, Canada
The following excerpt is from 18-005538 v Aviva Insurance Canada, 2019 CanLII 72199 (ON LAT):
Both parties cited Heath v. Economical Mutual Insurance Company,[2] wherein the Court of Appeal held that: …the starting point for the analysis of whether a claimant suffers from a complete inability to carry on a normal life will be to compare the claimant’s activities and life circumstances before the accident to his or her activities and life circumstances after the accident.[3]
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