What is the test for a person who is unable to control their own utensils?

The judgment of Létourneau, J.A. continued and there was an analysis of the basic activity of feeding and dressing oneself. The conclusion arrived at by Létourneau, J.A. endorsed the finding of Bonner, T.C.C.J. in M.R. Hodgin v. The Queen [1995] E.T.C. 515 and agreed that the concept of feeding oneself involves more than merely transferring food from the plate to the mouth but includes the ability to cook, prepare and properly set out a reasonable meal other than merely fast foods or freezer fare. In the within appeal, the evidence revealed the appellant - in 1997 - had considerable difficulty eating due to her inability to control the use of utensils. However, the disability lasted only two months and would not satisfy the requirement in the legislation that this marked restriction on the ability to perform this particular basic activity of daily living be present "all or substantially all of the time" during 1997.