The appellant insurer appealed the trial judge's findings that the respondent qualified for non-earner benefits following a motor vehicle accident and that the benefits were payable for four years.
The respondent cross-appealed, claiming ongoing entitlement.
The Court of Appeal upheld the finding of entitlement, noting that post-accident employment does not disqualify a claimant but serves as a point of comparison under the Heath test.
However, the Court allowed the appeal regarding the duration of benefits, reducing the payment period to approximately two years and three months based on medical assessments showing significant improvement.
