To address the continuing effects of COVID-19, the province declared a state of emergency again on January 12, 2021, effectively issuing a stay-at-home order. The new measures are to be in effect from January 14, 2021, until at least February 11, 2021. The new measures will directly affect workplaces to varying degrees. Essential workplaces will […]
Long Term Disability Benefits: Seek medical treatment
There are various reasons why insurance providers may deny LTD benefits to a policyholder 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 the common law, that is, the Court’s interpretation of policyholders’ obligations […]
Punitive Damages in Ontario: Mental Distress When LTD Benefits Are Withheld
What happens if LTD benefits are unreasonably withheld? Where policyholders 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 in Ontario. These claims seek compensation for unfair treatment or unreasonable delays caused by the insurance […]
Ontario Severance Pay: What are contractors entitled to?
In Ontario, severance pay can be provided if the employee is 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 is later determined that the […]
Infectious Disease Emergency Leave and COVID Layoff Regulations Extended to July 3, 2021
The government of Ontario has decided to extend the new Employment Standards Act (“ESA”) regulations, concerning infectious disease emergency leave due to COVID-19, with regards to temporary layoffs, constructive dismissal, termination and severance. The regulations which were set to expire on January 2, 2021, have now been extended until July 3, 2021. This means that […]
Can disability benefits be denied with 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 […]