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Articles

Recent Cases and Articles - David Share Long Term Disability Denied Insurance Lawyer



Establishing “Total Disability” in LTD Claims of Chronic Pain: the Role of the Plaintiff’s Credibility (by David Share & Janice E. Grevler)

With chronic pain and fibromyalgia affecting increasing numbers of Canadians each year, there has been improved diagnosis, education, medical recognition and treatment options for those who suffer from these debilitating conditions.
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2005 Surveillance and Disability Claim Update: The Impact Of Codified Privacy Rights (by David Share)


("PIPEDA") has only been with us for a short period of time and it is still too early to tell what sort of an impact it and other similar legislation will have on the dissemination of information both at the claims, adjudication and litigation levels in the handling of disability claims. The objective of this paper and presentation is to discuss this developing area of the law, and in particular recent developments that will assist in predicting how such legislation will impact on the use of surveillance in disability claims.
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Managing and Litigating Depression Disability Claims Treatment Rehabilitation and Retraining (by David Share and Leanne Goldstein)

The prediction by the World Health Organization is that in less than twenty years, depression will be the second leading cause of disability in the world.

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Fry v. R. (Tax Court of Canada [General Procedure])


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Hamilton v. ICI Canada Inc. (Ontario Superior Court of Justice)

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Long Term Disability Claims and Lump Sum Awards(by David Share)
 
Coombs v. Constitution - Dead or Alive?
I have been asked to discuss the topic of Coombe v. Constitution
- Dead or Alive? There are a number of perspectives to this
series of cases from which to consider that question...

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Recent Articles - Steven Muller



Preparing And Examining A Child Witness In A Personal Injury Action

Introduction
Injuries are the leading cause of death and disabilities for
children and young adults in Canada. Each year children
are reported injured as a result of household injuries...

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Defining The Parameters of Limitation Periods In Personal Injury Actions

Introduction
A limitation period is a stated period of time, the expiry of
which extinguishes a party's legal remedy and forbids the
commencement of a legal action. Each province in Canada...

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Avoiding the Statutory and the Contractual Limitation Defence in Disability Insurance Disputes

Introduction
The limitation defence to an action is usually considered in
the context of whether a statutory limitation period is available
to a defendant for the purposes of extinguishing a plaintiff's...

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Income Tax Considerations In Long Term Disability Cases

Introduction
This paper will examine some of the income tax implications to
be taken into account in advising disability insurance clients. It
will not attempt to provide an in-depth analysis of the provisions...
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