What is the definition of total disability under s. 80(1) of the Employment Benefits Act?
British Columbia, Canada
The following excerpt is from Prato v. Insurance Corp. of British Columbia, 2003 BCSC 76 (CanLII):
In reaching my conclusion, I have relied on the definition of total disability found in Kenni v. Insurance Corp. of British Columbia, [1993] B.C.J. No. 2904 (S.C.), commencing at para. 9. There, Holmes J. assigned a "contextually reasonable" rather than literal meaning to s. 80, namely, that the injured person demonstrate an inability to perform any substantial requirement of the employment duties under consideration or to substantially perform all the material requirements in the usual and customary manner. This approach avoids the illogical result that would obtain if coverage were to be denied so long as the applicant was capable of performing any aspect of his or her employment.
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