What factors must be considered by the courts in assessing a disability claim?

British Columbia, Canada


The following excerpt is from Besic v. Kerenyi, 2011 BCSC 1277 (CanLII):

There are a number of factors that courts must take into account when assessing this type of claim. Madam Justice Kirkpatrick, writing for the majority, in Stapley v. Hejslet, 2006 BCCA 34, outlines the factors to consider, at para. 46:

Other Questions


What factors are considered by the courts in assessing the moral obligations of a testator to his adult children? (British Columbia, Canada)
What factors will be considered by the courts in assessing credibility? (British Columbia, Canada)
What factors must the courts consider when assessing a claim for wrongful death? (British Columbia, Canada)
What factors are considered by courts to determine whether a person over 45 has a valid claim for employment? (Ontario, Canada)
What factors are considered by the courts in determining whether a plaintiff has been awarded a claim for unfair dismissal? (British Columbia, Canada)
What factors are considered by the courts in assessing credibility? (British Columbia, Canada)
What are the factors used by courts to determine whether payments by parents to their married children should be considered loans or gifts? (British Columbia, Canada)
What factors will be considered in assessing non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
How have courts dealt with a claim for reimbursement by the trustees of a long term disability plan that precluded double indemnity? (British Columbia, Canada)
What factors will be considered in a claim for retroactive spousal support? (British Columbia, Canada)