Do You Have a Disability Case?
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Long Term Disability Benefits and Concerns About Contracting COVID-19

Long Term Disability Benefits and Concerns About Contracting COVID-19

We are starting to see LTD claims being denied by the insurance companies where there is a COVID-19 element to the claim. It is early days when it comes to seeing these claims where COVID-19 becomes an issue, because it takes months for denied claims to trickle down into the legal community. A recent article in The Players’ Tribune, written by WNBA player Elena Delle Donne suggests that LTD insurers will use similar reasoning to deny claims. Ms. Donne, who plays for the WNBA’s Washington Mystics has Lyme Disease and has to take 64 pills a day to be able to function and...
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Virtual Hearings, Mediations and the COVID-19 Pandemic;  Blog on: Online Courts and the Future of Justice, Richard Susskind

Virtual Hearings, Mediations and the COVID-19 Pandemic; Blog on: Online Cou...

Several months have now passed since mediations, discoveries and some hearings have been conducted by videoconferencing. Richard Susskind’s book, Online Courts and the Future of Justice¹ came out months before the pandemic, but what he has to say is all the more current given the current restrictions and limitations on having litigants assemble physically in one location to deal with their cases. The book is an academic treatise on Mr. Susskind’s research and views regarding how Online Courts can be the solution to expanding access to justice throughout the world....
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Limitation Periods Revisited – Western Life Assurance Company v. Penttila

Limitation Periods Revisited – Western Life Assurance Company v. Penttila

The Ontario Divisional Court revisited the vexing topic of disability benefits and the applicable limitation period in Western Life Assurance Company v. Penttila[i].  For claimants, the good news is that the principle of “discoverability” is alive and well, which means that the calculation of when the two year limitation period in Limitations Act starts to run depends on the circumstances of the particular case. Here is a brief chronology of the facts in the Western Life case: May 16, 2012 – LTD approved February 19, 2013 – Western advises the claimant that...
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Update on Wiles v. Sun Life – Limitation Periods and Relief from Forfeiture – Ontario Court of Appeal Upholds Summary Dismissal of Claim

Update on Wiles v. Sun Life – Limitation Periods and Relief from Forfeiture...

Several months ago, I wrote a blog regarding this case, Wiles v. Sun Life where I suggested that perhaps the summary judgment decision would be reviewed by the Ontario Court of Appeal. The OCA released their decision on September 19, 2018, upholding the dismissal granted by Justice Taylor. Taylor, J. had dismissed the lawsuit against both Sun Life and the employer on the basis that the one-year limitation period in Sun Life’s LTD policy had been missed, and on the basis that Ms. Wiles failure to submit a timely LTD application did not provide the necessary criteria for...
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Is Your Employer Providing the LTD Benefits You Think You Have?

Is Your Employer Providing the LTD Benefits You Think You Have?

When you enroll for Group Benefits at your workplace, if you are being provided with LTD Benefits (Long Term Disability Benefits), you should make sure that you check that you have the amount of coverage you think you have. LTD Benefits Could Be Limited By way of an example, take the following situation. Jane works as an administrative assistant in a professional office. When she started working, she was given forms to fill out to enroll in the Group Benefits, including LTD benefits. Jane’s salary is $45,000.00 and she understands that her LTD benefits are supposed to be...
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Long Term Disability Deadlines, Limitation Periods and Wiles v. Sun Life, 2018 ONSC 1090

Long Term Disability Deadlines, Limitation Periods and Wiles v. Sun Life, 2...

On December 6, 2017, the Honourable Justice G.E. Taylor of the Ontario Superior Court of Justice granted Summary Judgment to Sun Life, dismissing the claim for long term disability benefits of Tina Wiles. Relevant Timeline In Wiles V. Sun Life Case: October 2015 – Ms. Wiles becomes totally disabled;Wiles was employed at Spaenaur Inc. until November 3rd, 2015 – employment terminated without cause;Claim for Salary Continuance on basis of disability was made shortly thereafter;End of elimination period + 90 days – July 31st, 2016January 2017 – lawsuit commenced against Sun...