What is the legal test used to determine whether a person is entitled to receive a lump sum of income from a disability benefits scheme?
British Columbia, Canada
The following excerpt is from Harris v. Kuntz, 1995 CanLII 1053 (BC CA):
27 The process adopted was not, in my view, subject to objection on the ground discussed in Palmer v. Goodhall. It involved the use of a mathematical formula in conjunction with pre and post-accident earning figures judgmentally arrived at and an allowance for contingencies. I cannot say that it gives inadequate consideration to the relevant factors.
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