The respondent was injured in a rear-end motor vehicle accident and claimed non-earner benefits from his insurer.
The trial judge awarded the benefits, finding the respondent suffered a partial inability to carry on a normal life that developed into chronic pain.
The Court of Appeal allowed the insurer's appeal, holding that the trial judge applied the wrong legal test.
Under the Statutory Accident Benefits Schedule, an insured must demonstrate a complete inability to carry on a normal life within 104 weeks of the accident, which requires showing an impairment that continuously prevents them from engaging in substantially all pre-accident activities.
The respondent failed to provide sufficient evidence of his pre-accident activities to satisfy this threshold.
