Alexander Dos Reis

The appellant sought income replacement benefits (IRBs) under the Statutory Accident Benefits Schedule following a motor vehicle accident.

The central issue was the correct interpretation of the test for post-104-week IRBs under section 6(2)(b) of the Schedule.

The appellant argued that the test requires consideration of employment in a competitive, real-world setting comparable in nature, status, and remuneration to the insured's former employment.

The respondent insurer argued that the statutory test does not include such requirements.

The Court of Appeal upheld the lower courts' decisions, holding that while factors such as competitive real-world setting, status, and remuneration are relevant considerations in the evidence-based analysis, they are not stand-alone requirements of the test.

The appellant failed to prove a complete inability to engage in any employment for which she was reasonably suited by education, training, or experience, particularly given evidence that wedding planning remained a viable option.

The Court of Appeal for Ontario addressed the test for bad faith under s. 57(1)(b) of the Residential Tenancies Act, 2006 (RTA) and the potential liability of purchasers in "own use" evictions.

The Landlord and Tenant Board (Board) and Divisional Court had erred by unduly narrowing the bad faith assessment to the landlord's knowledge at the time of notice and by failing to consider the purchaser's good faith.

The Court held that the Board must consider all relevant evidence, including events after the notice, and assess the good faith of both the landlord and the purchaser.

The appeal was granted, and the matter remitted to the Board for redetermination.