What is the definition of “total disability” in the context of Section 80(1) of the BC Insurance Act?
British Columbia, Canada
The following excerpt is from Halbauer v. I.C.B.C., 2000 BCSC 570 (CanLII):
That definition of “total disability” has been followed in several subsequent cases including Rashella v. Insurance Corporation of British Columbia [1977] B.C.J. No. 689 (B.C.S.C.) in which Madam Justice Satanove stated, in paragraph 20, that: In order to bring himself within Section 80(1) the plaintiff must first prove on a balance of probabilities that: (a) he was a ‘employed person’, (b) who sustained an injury in an accident, (c) which totally disabled him, (d) within 20 days after the accident.
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