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Income replacement benefits denied as applicant found not credible and failed to prove complete inability to work.
The applicant sought income replacement benefits, a special award, and interest following a motor vehicle accident.
She claimed to be completely disabled by chronic pain and psychological distress.
The insurer denied the claims, arguing the applicant was not credible and was malingering.
The arbitrator dismissed the applicant's claims, finding her evidence riddled with inconsistencies, including a failure to report pre-existing medical conditions and psychometric test results indicating a lack of effort or intentional poor performance.
The arbitrator preferred the evidence of the insurer's experts and concluded the applicant failed to prove she suffered a complete inability to engage in employment as a result of the accident.
A dissociative state caused by the ordinary stresses of life constitutes a disease of the mind.
The appellant struck a fellow student with a rock after reading a letter in which she referred to him as a 'nothing'.
At trial, he advanced the defence of non-insane automatism, arguing he was in a dissociative state caused by a psychological blow.
The trial judge acquitted him, finding he was not insane and had acted in a state of automatism brought about by an external cause.
The Court of Appeal reversed the acquittal, holding that the psychological blow was not an externally originating cause and that the dissociative state constituted a disease of the mind.
The Supreme Court of Canada dismissed the appeal, affirming that the ordinary stresses and disappointments of life do not constitute an external cause, and that the appellant's condition was a disease of the mind.