How to determine if an applicant has a complete inability to carry on a normal life?

Ontario, Canada


The following excerpt is from 17-006252 v Aviva Insurance Canada, 2018 CanLII 110933 (ON LAT):

The Court of Appeal set out how to determine whether an applicant has a complete inability to carry on a normal life as follows[1]: i. Compare the applicant’s activities of daily living before and after the accident; ii. Consider all of the applicant’s pre-accident activities during a reasonable period of time before the accident, perhaps giving greater weight to the activities the applicant identifies as being important to her pre-accident life; iii. Consider whether the applicant is continuously prevented from engaging in substantially all pre-accident activities; iv. Take a qualitative perspective to determining if the applicant is engaging in the activity post-accident; and v. Assess whether the degree of the applicant’s pain is such that it prevents her from engaging in the activities.

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