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."

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