Accommodation, medical evidence, return to work and the duty to inquire.
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [Disability Issues: Workers’ Compensationspan> Disability Issues: Workers’ Compensation The presence of workers’ compensation coverage presents issues with respect to a civil proceeding in which it is alleged that
The issue of Constructive Dismissal is reviewed in detail here. Refusal to Mask Up The Alberta decision of Feasby, J. in Benke v Loblaw Companies considered a claim made by the plaintiff employee who refused to wear a mask or
The issue generally of frustration is reviewed here. Doctrine of Frustration due to Vaccine Refusal A recent decision found in favour of the employer’s argument. The facts before the Ontario court in Croke v VuPoint Systems, a decision released in
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [Disability: Duty to Accommodate Medical Issues] Disability: Duty to Accommodate Medical Issues Accommodation Accommodation is the cornerstone of the human rights regime. Its purpose is to “ensure that
There is no general statutory relief from forfeiture under the relevant Insurance Act for policies of “disability” insurance. Statutory conditions are subject to a remedy in the case of “imperfect compliance”. This applies by statute only to individual and not
Medical Reports & The Human Rights Complaint There typically is no affirmative rule mandating the production of medical reports, as distinguished from other documents, in the human rights administrative process. Provided that the documents meet the usual test of “arguably
Social Safety Nets There are three public sources of refuge, all of which offer modest entitlements. Employed car accident victims, regardless of fault, may be allowed fixed sums for lost income. E.I. E.I. sick benefits may be available, presuming the
Federal legislation deals with the financial solvency, corporate organization of federally incorporated and non-Canadian companies through the Insurance Companies Act. The Act sets out the powers held by the Superintendent of Financial Institutions to supervise the financial affairs of
Many insurers contract out the adjusting of the LTD claim to independent companies, many of which take an aggressive approach to submitted claims. It is important to determine where the decision has been made to deny the LTD claim. Often
Jury Trial The present law, as decided in Ontario, is that either party, typically the plaintiff, may elect to have the case tried by jury. Given the awards made for mental distress damages for breach of a “peace of mind”
