The prevented from continuing test and the loss test
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Paragraphs 24(1)(c) (c) the veteran is, by reason of incapacity from that war-caused injury or war-caused disease, or both, alone, prevented from continuing to undertake remunerative work that the veteran was undertaking and is, by reason thereof, suffering a loss of salary or wages, or of earnings on his or her own account, that the veteran would not be suffering if the veteran were free of that incapacity.
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Paragraph 24(1)(c) contains a number of important concepts. Two of these are further defined in subsection 24(2), namely:
Paragraph 24(2)(a) further defines the second phrase, and paragraph 24(2)(b) deems the first phrase to have been met in respect of certain veterans under the age of 65 in certain circumstances. Both of these tests must be met in every case: Repatriation Commission v. Boyle.;
Fry v. Repatriation Commission