Accommodation, medical evidence, return to work and the duty to inquire.
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Time Limits: Discoverability] Employment Disability Insurance: Time Limits: Discoverability The amended statutes, with some qualifiers, have codified the common law of discoverability. Ontario’s statue is more severe, as it presumes that the
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Time Limits: The Rolling Limitation Period] Employment Disability Insurance: Time Limits: The Rolling Limitation Period This concept is important to interpret a claim which (1) has arisen from a pre-2004
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Need for Active Employment] Employment Disability Insurance: Need for Active Employment Active Employment The first step in a successful disability application will be for the plaintiff to demonstrate that they
Real Life Decisions Often a person may face a conundrum in which a choice of polar opposite directions must be taken. Such a situation may arise where the insurer denies liability to pay benefits, often at the onset of the”any
The first step any person who is covered by group disability insurance should consider on termination of employment is to undergo a comprehensive medical examination. Prior to signing a release and completing a settlement agreement, which will end all claims,
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Duty of Good Faith: Fidler In Supreme Court of Canada] Employment Disability Insurance: Duty of Good Faith: Fidler In Supreme Court of Canada The 2007 Supreme Court of Canada decision
The review below presumes an otherwise valid and enforceable term of employment. The issue of whether an employer policy document forms a contract term is reviewed in detail here. The Supreme Court of Canada in its 1989 decision reviewed the
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Duty of Good Faith: Pre-Fidler] Employment Disability Insurance: Duty of Good Faith: Pre-Fidler Prior to Fidler the case law initially required an independently actionable wrong to assert a claim for
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Duty of Good Faith: Introduction] Employment Disability Insurance: Duty of Good Faith: Introduction This section reviews the development of the law on the subject of the insurer’s duty of good
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Offsets from the Claim] Employment Disability Insurance: Offsets from the Claim Most policies contain a term which allows the insurer an offset for payments such as worker’s compensation benefits, C.P.P.
