Can a plaintiff continue to work as a school crossing guard?

Ontario, Canada


The following excerpt is from Fernandes v. Penncorp, 2013 ONSC 1637 (CanLII):

In Dale v. Commercial Union, [1980] O.J. No. 355 the plaintiff was employed as a security guard. She was injured in a motor vehicle accident. She was working part-time as a school crossing guard. She was entitled to income replacement benefits if “…such injury permanently and totally disabled such person from engaging in any occupation or employment for which he is reasonably suited by education, training or experience…”. Justice McTurk stated the following: 15 … such occupation or employment must be something akin to his previous occupation or employment and must be gainful in the sense (of) approximately the same livelihood as the plaintiff might fairly … be expected to follow in view of her station, circumstances, physical and mental capability. Working as a school crossing guard did not satisfy this requirement and did not disentitle her from obtaining benefits under the policy.

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