Heath v. Economical Mutual Insurance Company, 2009 ONCA 391 (“Heath”) provides the framework for the Non-Earner Benefits analysis into whether the claimant (involved in MVA) suffers a complete inability to carry on a normal life.
To meet the test for Non-Earner Benefits, the claimants must be continuously prevented from engaging in substantially all of their pre-accident activities and, where pain is present, it should practically prevent them from engaging in those activities.
