What is the case law that will determine the outcome of this application?

In Nguyen v. Armstrong, Veit J. stated at p. 195: The case law that determines the outcome of this application is the recent decision of our Court of Appeal in Calpas, supra. In that case, Major J.A. gave the unanimous decision of the court. The pertinent portions of the judgment are: [As quoted above, but starting with the second sentence - 'The applicant etc …' "]

Ms. Agrios relies on the Young v. Saskatchewan decision for the requirement of a definitive allocation of settlement amounts. Baynton J. stated at p. 54: But what about a settlement in which the plaintiff either deliberately or inadvertently did not break down the proceeds by category? Can he satisfy the onus of proving the nature and allocation of the settlement proceeds by simply relying on the fact that they were not specified? I think not. The plaintiff has sued the plan for benefits. Those benefits depend on what the plaintiff received for wage compensation. To get the benefits the plaintiff must establish what he received for wage compensation whether or not the allocation of the compensation was specified in the settlement itself. This requirement may be of no concern to the third party but it is of vital concern to the plan sponsor. It is untenable for the plaintiff to take the position that he can satisfy this onus of proof, (and thereby obtain additional disability benefits under the plan to which he is not entitled) by simply relying on the fact that the settlement itself did not expressly allocate the proceeds among the various heads of damages for which the plaintiff received compensation.