What is the burden of proving a plaintiff can work?
British Columbia, Canada
The following excerpt is from Malkin v. Crown Life Insurance Co., 1989 CanLII 2898 (BC SC):
Under the rule set out in McCulloch v. Calgary, supra, and the American Une of cases, once the insurer initially accepts an insured is totally disabled within the meaning of the policy, the burden is on the insurer to prove the insured can work or he is no longer disabled. In this instance, the defendant fell well short of meeting that burden.
Assuming the law is that declared in the authorities as exemplified by Porter v. Metropolitan Life Ins. Co., supra, the burden of proof is on the plaintiff to prove he cannot work or that he is totally disabled. On the evidence I heard, he met that burden.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden on a plaintiff to prove that they were injured as a result of negligence? (British Columbia, Canada)
What is the burden of proving that a plaintiff took steps that could have been taken to mitigate their loss? (British Columbia, Canada)
What is the burden of proving that a plaintiff has a right to a trial by jury? (British Columbia, Canada)
In what circumstances will a plaintiff be able to prove that she will continue to be unable to perform all her usual household work? (British Columbia, Canada)
What is the burden of proving that a plaintiff acted unreasonably in her actions? (British Columbia, Canada)
What is the burden on a defendant to prove that a plaintiff has not followed a recommended course of medical treatment? (British Columbia, Canada)
What is the quantum of damages awarded in a medical malpractice case where a plaintiff was unable to work at gainful employment for the rest of his working life because of the interference with his enjoyment of life? (British Columbia, Canada)
What is the burden of proving that a plaintiff’s considered decision not to undergo spinal fusion surgery is a failure to mitigate? (British Columbia, Canada)
What is the evidentiary burden for a plaintiff to prove that they are disabled? (British Columbia, Canada)
What is the burden on a plaintiff to prove that a doctor breached the standard of care? (British Columbia, Canada)
