What is the evidentiary burden for a plaintiff to prove that they are disabled?
British Columbia, Canada
The following excerpt is from Gascoigne v Desjardins Financial Security Life Assurance Company (Desjardins Insurance), 2019 BCSC 1241 (CanLII):
Once a plaintiff establishes a prima facie case that they are disabled, the evidentiary burden shifts to the defendant insurer to prove that the plaintiff is or may reasonably be suited for some occupation: Tanious at para. 224; Bain v. Great-West Life Assurance Company, 2012 BCSC 1335 at para. 50.
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