There are various reasons for which insurance providers may deny LTD benefits to a policy holder even though he or she has become unable to work due to a medical condition. These reasons may be found in the policy in the form of exclusion clauses or in the common law, that is, the Courts’ interpretation […]
Mental Distress and Punitive Damages. if LTD benefits are unreasonably withheld.
What happens if LTD benefits are unreasonably withheld? Where policy holders have been forced to commence litigation against the insurance company due to the denial of their LTD benefits, they may also seek damages for mental distress and punitive damages. These claims seek compensation for unfair treatment or unreasonable delays caused by the insurance provider. […]
Am I entitled to termination or severance pay if I am a contractor?
In Ontario, employees are entitled to reasonable notice or pay in lieu thereof if they are terminated. However, this entitlement presupposes that one is an employee. Individuals who perform services may do so as independent contractors, however they might not enjoy employment protections. For example, independent contractors are not entitled to reasonable notice, unless it […]
COVID Lay off Regulations Extended to July 3, 2021
The government of Ontario has decided to extend the new Employment Standards Act (“ESA”) regulations, resulting from COVID-19, with regards to temporary layoffs, constructive dismissal, termination and severance. The regulations which were set to expire in January 2, 2021, have now been extended until July 3, 2021. This means that non-unionized employees, whose hours are […]
Can LTD benefits be denied based on surveillance evidence?
Surveillance evidence generally becomes relevant when policy holders are receiving LTD benefits, or when litigation is taking place where payment for benefits is being sought. This occurs where the insurance provider is attempting to prove that the policy holder is not credible, or that the disability giving rise to benefits has been exaggerated or is […]
Are my Long-Term Disability Benefits Taxable?
Are my Long-Term Disability Benefits Taxable? All LTD insurance policies indicate the amount of benefits that the policy holder will be entitled to upon becoming unable to work due to a medical condition. This amount will generally be a percentage of the person’s income prior to becoming unable to work. However, the benefit amount outlined […]