If you are applying for a long term disability claim, you must know the definitions, qualifications, timelines, limitation periods and what to do if you get denied. All are integral parts of understanding the application process. It can be a daunting and confusing process, and denials can occur for a myriad of reasons. For this …
Goberdhan v. Knights of Columbus 2023 ONCA 327 is a recent case before the Ontario Court of Appeal, the appellant, Knights of Columbus appealed a decision by the motion judge to dismiss their motion for a stay of proceedings in favour of arbitration. Background, motion judge decision Knights is a fraternal benefit society that provides …
In Ahluwalia v. Workers’ Compensation Board of British Columbia 2023 BCSC 196, the British Columbia Supreme Court found, on an application for judicial review, that the Workers’ Compensation Board of British Columbia had accurately summarized the reasonableness analysis that was required by the Supreme Court of Canada decision, Canada (Minister of Citizenship and Immigration) v. …
In a recent decision of the Ontario Superior Court, Tan v. Storstac Inc., Justice Dineen awarded seven months of reasonable notice to an employee with five years of tenure. The plaintiff began working for the defendant in June 2015 as a container controller. He was soon promoted to depot manager. At the time of termination, …
Court Finds Savings Clause Cannot Save Invalid Provisions Read More »
Many employees may wonder what medical conditions qualify for disability in Canada. There is an extensive list of medical conditions that can make an employee eligible for long term disability and short term disability. Arthritis, heart failure, and paralysis are examples of eligible physical conditions for long term disability. However, medical conditions do not need …
What Conditions Qualify For Disability in Canada Read More »
If you are receiving disability benefits from Sunlife, it is possible those benefits will disappear after two years of receiving them. This may be shocking news to those who rely on their disability benefits, but it is not uncommon. This happens to many employees, and with the help of experienced disability lawyers, it is something …
Sunlife Long Term Disability Benefits – What Happens After 2 Years Read More »
If you are receiving disability benefits from Manulife, it is possible those benefits will disappear after two years of receiving them. This may be shocking news to those who rely on their disability benefits, but it is not uncommon. This happens to many employees, and with the help of experienced disability lawyers, it is something …
Manulife Long Term Disability Benefits What Happens After Two Years Read More »
As a result of the COVID-19 pandemic, many businesses were forced to close down either temporarily or permanently. For some of these businesses, the decision to close down was a result of provincial mandates intended to address the spread of the virus. In all cases, however, employees suddenly found themselves without a job and without …
COVID-19-Related Employment Law Decision Explores Doctrine of Frustration Read More »
Workplace investigations can be triggered by complaints from employees, customers or other third parties. In all circumstances, employees should be provided with a reasonable workplace investigation which is fair and thorough. We discuss employee rights during a workplace investigation. Procedural Fairness in Workplace Investigations in Ontario Workplace investigations are generally not an enjoyable experience because …
In Chin v. Beauty Express Canada Inc., 2022 ONSC 6178 (“Beauty Express”), the Ontario Superior Court considered an employee’s service with her previous employer in calculating her total years of service. The Plaintiff was a part-time aesthetician at Beauty Express, a salon located in The Bay. She began working for Beauty Express in 2013 after …
Ontario Superior Court Makes Statement on Calculating Reasonable Notice Read More »