All Four Areas of Function Must Be Assessed Under Section 2(1.1)(g) - CAT Impairments

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The Divisional Court has just released its decision in Pastore and Aviva Canada Inc. The Court found that the FSCO Director’s Delegate had failed to properly appreciate the effect of the incorporation of the Guides into the SABS.  The Guides are incorporated into the SABS and must be treated as part of the legislative scheme.  A plain reading of the words in s. 2(1.1.)(g) bearing in mind the context and purpose of the legislation and taking into account the FSCO Guidelines makes it clear that all four areas of function are to be accounted for in an assessment of catastrophic impairment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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