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Showing posts with label Long Term Disability. Show all posts
Showing posts with label Long Term Disability. Show all posts
Thursday 11 July 2019

Conscionability of Release Not Appropriate for Resolution by Summary Judgment

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Is the issue of the “conscionability” of a full and final release, signed as part of a severance negotiation and purporting to release cl...
Friday 3 August 2018

Receipt of LTD Evidence of Frustration

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Is the continued receipt of long-term disability (“LTD”) benefits evidence that one’s contract of employment has become legally “frustrat...
Saturday 28 April 2018

Termination of Employment Does Not Terminate Ability to Apply for LTD Benefits

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Consider this scenario: An employee is covered for long-term disability (LTD) benefits under his employer’s group policy of insurance. He...
Saturday 31 March 2018

Divisional Court Dismisses Appeal in Case Concerning Working Notice Being Inappropriate for Employees on Disability Leave

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On November 24, 2017, in a post titled, Working Notice Inappropriate for Employees on Disability Leave , I blogged about the decision of ...
Friday 24 November 2017

Working Notice Inappropriate for Employees on Disability Leave

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Few things in law are certain. Even fewer things in life are certain. In fact, it is said that only two things in life are certain: death ...
Monday 21 November 2016

Div Court Finds No Frustration of Contract after 29-Month Disability Leave; Upholds Awards of Human Rights Damages and “Punitive” Costs

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(c) istock/Hailshadow Some decisions are just textbooks on employment law. They are ‘must read’ decisions for anyone looking to practice...
Wednesday 24 June 2015

Termination from Employment While on Disability Leave

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There is never a good time to be fired from one’s job. However, some times are worse than others. A particularly bad time to be fired is ...
Thursday 1 January 2015

Court of Appeal says Group LTD Policies are not "Business Agreements"

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Is a group policy of insurance a “business agreement” for the purpose of ss. 22(5) and (6) of the Limitations Act, 2002 ? In a reversing ...
Monday 26 May 2014

Time Limit to Sue for LTD Benefits

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How long do you have to sue an insurance company after they deny you long-term disability (“LTD”) benefits? According to a now-reversed d...
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Monday 25 March 2013

$300,000 in Exceptional Damages Awarded for Denied LTD Benefits Claim

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An Ontario judge has ordered an insurer to pay $100,000 in aggravated damages and $200,000 in punitive damages after finding that the insur...
Saturday 14 July 2012

The Requirement to Maintain Disability Benefits on Dismissal

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As regular readers of this blog may know, I have a certain affinity for the decision of the late Justice Echlin in Brito v. Canac Kitchens ...
Thursday 31 May 2012

Release Reaches Farther than Expected

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The phrase caveat signator means "beware what you are signing." It is an appropriate warning when signing a Full and Final Rele...