What is the test for determining the purpose of a disability insurance plan?
Saskatchewan, Canada
The following excerpt is from Browning v. Saskatchewan, 2002 CanLII 62875 (SK HRT):
Based on Gibbs v. Battlefords & District Co-operative Ltd., 1996 CanLII 187 (SCC), [1996] 3 S.C.R. 566 (S.C.C), the initial inquiry must be to determine the purpose of the disability plan. I find that the primary purpose of the disability insurance plan in question is to provide income replacement benefits to employees who are unable, because of disability, to continue their employment.
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