What is the test for a judge to determine whether a plaintiff has been successful in a long-term disability case?
Ontario, Canada
The following excerpt is from Rolland v Tevendale, 2015 ONSC 3226 (CanLII):
As McLachlin J., as she then was, observed in Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, the judicial role is not to select one particular model but to apply the relevant factors to the statutory objectives and strike a balance that best achieves justice in the particular case before the court.
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