Do You Have a Disability Case?
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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 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 granting relief from...
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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...
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Are You Eligible for Benefits?

Are You Eligible for Benefits?

Your Benefit Package When you start at a new job, one of things to consider is what benefits are being provided to you as an employee.  Most people want benefits and tend to focus on benefits for medical expenses not covered by the provincial health plan as well as dental and vision benefits.   Most group benefit plans also include life insurance, accidental death and dismemberment, critical illness insurance and disability benefits, but the details of these benefits are often glossed over by people who are focused on getting the job. So, if you think you have...