What is the test for a claim for future income or household assistance under section 267.5(5) of the Social Security Act?

Ontario, Canada


The following excerpt is from Smith v. Sabzali, 2005 CanLII 16632 (ON SC):

I find reluctantly that this is a case, like Frankfurter v. Gibbons, in which the plaintiff continues to suffer some pain which affects her enjoyment of life to varying degrees. However, she is engaging in the normal activities of life for a person of her age, the activities which are important to her as she now prepares for her future career. No doubt she has to tolerate some pain in doing so, but apparently this problem is not so significant that a claim for future income or household assistance was warranted. I am bound by the holding in Frankfurter v. Gibbons and find that the plaintiff has not brought herself within the exception in section 267.5(5). I cannot find that the complaints described are serious within the meaning of the legislation.

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