Denied or cut off from disability benefits? Our Toronto disability lawyers fight insurance companies to get you the compensation you deserve.
Get Help From a Toronto Disability Lawyer at Monkhouse Law
If your long-term disability (LTD) or short-term disability (STD) claim has been denied, youâre not alone. Insurers frequently deny valid claims, leaving Ontarians without vital income during an already difficult time.
Monkhouse Law is a nationally recognized employment law firm in Toronto with deep experience in disability law. Our knowledge of insurance policies, employment contracts, and human rights protections allows us to approach disability cases from every angle. We have been working on disability files since 2013, giving us over a decade of insight into how insurers handle claims.
Weâve represented employees across Ontario in disputes with major insurers and have a strong record of helping clients get benefits reinstated, secure settlements, and hold insurance companies accountable.
How We Help With Disability Claim Denials
Appeals and Claim Reviews
We carefully analyze your denial letter, policy wording, and medical evidence to determine where your insurer is wrong and how to build your strongest case.
Negotiations With Insurers
We work to resolve matters quickly and fairly, ensuring you receive full compensation without being pressured into unfair agreements.
Litigation and Trial Advocacy
When insurers refuse to settle, we take cases to court. Monkhouse Lawâs trial lawyers have successfully challenged some of Canadaâs largest insurance companies and set important legal precedents in Ontario.
Understanding Disability Benefits in Ontario
Long-Term Disability
Long-term disability (LTD) insurance provides income replacement for employees who cannot work due to illness or injury. Many claims are denied when insurers switch from an âown occupationâ test to an âany occupationâ test after two years. According to the Government of Ontario, LTD benefits are a key source of income protection when someone is unable to work.
Short-Term Disability
Short-term disability (STD) benefits cover shorter absences and are often paid directly by employers. Denials commonly happen when transitioning from STD to LTD. The Canadian Life and Health Insurance Association explains that STD benefits are designed to provide temporary coverage until LTD or other benefits take effect.
Our team steps in at any stage to ensure you receive the coverage youâre entitled to.
Legal Insight: What âTotal Disabilityâ Means in Ontario
In Suchorov v. Paul Revere Life Insurance Co. (1983), the Supreme Court of Canada clarified that âtotal disabilityâ does not mean you must be completely unable to perform all tasks. If a reasonable person would stop working to avoid worsening their condition or delaying recovery, you are considered totally disabled under the law.
This precedent means insurers cannot deny benefits simply because you can perform some light duties or part-time work.
Ontario Disability Case Highlights
Example Cases Where Monkhouse Law Represented Clients
Trpcic v. Great West Life (2021 ONSC â Costs Endorsement)
Monkhouse Law represented an engineer in a long-term disability dispute. The matter settled for $150,000 at pretrial, and the Court later ordered significant costs against the insurer for pushing litigation too far.
Mahadeo v. Blue Cross Life Insurance Co. (2019 ONSC 6611)
Monkhouse Law successfully struck the insurerâs jury notice in this disability case, a strategic win that ensured the matter would be heard by a judge, strengthening the clientâs position.
Other Landmark Ontario Disability Cases
Baker v. Blue Cross Life Insurance Company of Canada (2023 ONCA 842)
In this recent Ontario Court of Appeal decision, a woman wrongfully denied long-term disability benefits was awarded $220,000 in unpaid LTD benefits, $40,000 for mental distress, and an unprecedented $1.5 million in punitive damages. The court found Blue Cross acted in bad faith by mishandling her claim, sending a clear message that insurers face serious consequences when they treat policyholders unfairly.
Hogarth v. Great-West Life Assurance Co. (2017 ONSC 464)
The Ontario Superior Court rejected the insurerâs attempt to use a limitation period defense, allowing the plaintiff to proceed with their LTD claim. This decision emphasized fairness for claimants facing insurer delay tactics.
Kerwin v. Manulife Financial (2017 ONSC 7166)
Manulife sought to reduce LTD payments once the insured began receiving pension benefits. The Ontario Superior Court upheld the employeeâs right to LTD benefits, reinforcing protections for older workers.
Fernandes v. Penncorp Life Insurance Co. (2014 ONSC 3660)
A Toronto man was wrongfully denied LTD benefits for years. The Ontario Superior Court awarded $236,000 in unpaid benefits, $200,000 in punitive damages, and $100,000 for mental distressâa landmark decision holding insurers accountable for bad faith denials.
Dodgson v. Great West Life Assurance Co. (2014 ONSC 389)
An Ontario employee had LTD benefits wrongfully cut off. The court reinstated benefits and confirmed that insurers face serious consequences when they act unreasonably toward policyholders.
These decisions show that Ontario courts take insurer misconduct seriously and often side with employees when insurers act unfairly.
Why Choose Monkhouse Law
Recognized Disability and Employment Law Experts
Monkhouse Law is frequently quoted in CBC, Toronto Star, Globe and Mail, and Law360 Canada. We bring unique expertise to disability cases by combining insurance law with deep knowledge of employment rights.
Over a Decade of Disability Law Experience
Our lawyers have 100+ reported decisions at all levels of court in Ontario, and we negotiate favourable outcomes for people with long term disability insurance.
Employee-First Focus
We only represent employees and individualsânot insurers or employers.
FAQs
How long do I have to appeal a denied LTD claim?
Deadlines vary by policy, but most LTD claims must be appealed or litigated within two years of denial. Contact us as early as possible to protect your rights.
Can my employer fire me while Iâm on LTD?
Ontario law prohibits termination solely because of disability, but employers sometimes try. Our wrongful dismissal lawyers can help protect your rights and benefits.
What if my insurer says I can work another job?
We fight these decisions. Courts recognize that insurers cannot deny LTD benefits simply because a theoretical job exists that you could do.
Contact Our Toronto Disability Lawyers
You donât need to face your insurer alone. Contact Monkhouse Law for a free 30 minute phone consultation:
đ Call: 416-907-9249 or fill out the quick form below
đ Location: 220 Bay St, Suite 900, Toronto, Ontario
đ Hours: MonâFri, 9 AM â 5 PM