Accommodation, medical evidence, return to work and the duty to inquire.
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [New Statutory Minimum Rules on Disability Issues] New Rules on Disability Issues Ontario, British Columbia, Alberta and Saskatchewan have each allowed by statute the right to a 27
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Good Faith: Aggravated & Punitive Damages: Summary Chart] Employment Disability Insurance: Good Faith: Aggravated & Punitive Damages: Summary Chart The narrative review of these cases appears here. Case Details Mental
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Defences: Fraud] Employment Disability Insurance: Defences: Fraud A finding of fraud is very important as it will allow the insurer to defeat the incontestability period of two years. It is
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Time Deadlines] Employment Disability Insurance: Time Deadlines Introduction This section reviews the issue of the requirement of the insured to present his claim on a timely basis and also the
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Patient’s Right to Access Medical Records] Employment Disability Insurance: Patient’s Right to Access Medical Records In 1992 Supreme Court of Canada considered a request made by the plaintiff patient to the defendant
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Medical Records] Employment Disability Insurance: Medical Records Introduction A disability case will inevitably require the production of medical records. The law will clearly allow the production of medical records once
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Defences: Statutory Conditions] Employment Disability Insurance: Defences: Statutory Conditions The statutory provisions of Alberta’s amended Insurance Act are typical of the legislative terms used to define “accident and sickness” policies
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Defences: Pre-Existing Medical Condition] Employment Disability Insurance: Defences: Pre-Existing Medical Condition The distinction between “disability” insurance and “accident and sickness” insurance is again relevant with respect to the incontestability provisions
Employment Disability Insurance: Defences: Mitigation Duty to mitigate – implied term This issue is well within the control of the insured. There should be no need to show vulnerability on this question. Essentially it reduces to a matter of common
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Defending the Claim] Employment Disability Insurance: Defending the Claim Introduction This section reviews the defences which an insurer may offer to a claim for disability benefits by an implied term
