How have the courts interpreted the non-earner benefit test?
Ontario, Canada
The following excerpt is from 17-001125 v Aviva Insurance, 2018 CanLII 13191 (ON LAT):
I find that the change to the applicant’s physical capabilities have not completely prohibited him from engaging in substantially all of his daily activities. I find that the applicant’s discomfort and pain are not sufficient to meet the non-earner benefit test as set out in Heath and the Cook v. Pilot case above.
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