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Long Term Disability Claims

My Long-Term Disability Claim was Denied: What Now?

This informational page was created for Canadian long term disability insurance policyholders who have submitted a claim that has been denied. It explains what to do once you have received a denial letter from your long term disability (LTD) insurance carrier. By providing a no-nonsense description of how the...

Will I be Taxed on Personal Injury Damages or Disability Benefits?

If you have been injured in an accident and are set to receive a personal injury settlement or disability benefits, one of the important questions that always comes to mind is how the benefits will be taxed.  Understanding how such payments impact an individual’s tax liability is critical to...

How is “Pain and Suffering” Determined in Ontario?

Unlike some other Canadian provinces, in Ontario, jury trials are still regularly used in civil cases such as personal injury lawsuits. Are juries really fair to accident victims? In a 2016 case, Mandel v. Fakhim, an Ontario Superior Court judge expressed the opinion that “jury trials in civil cases...

Will Accepting EI or Disability Benefits Hurt My Personal Injury Claim?

If you suffer a catastrophic injury in a motor vehicle accident, you may be legally disabled and therefore unable to return to work. Aside from any benefits you recover under your auto insurance policy, or from the negligent driver in a personal injury lawsuit, you may also qualify for...

Recent Case Examines When an Employee’s Disability Frustrates an Employment Contract

Can you be fired while on disability in Ontario? We explored that question in an article earlier this year. As we explained then, the answer to that question is that it depends—mostly on the reason you were fired. Because Ontario’s Human Rights Code (HRC) requires employers to accommodate workers’...

How Much Can I Receive on Disability in Ontario?

In 2012, more than 1.6 million Ontarians over 15 years old reported having a disability. That figure represented 15.4% of Ontario’s over-15 population at that time. Disabilities often prevent a person from gainful employment, making it impossible for that person to support him- or herself. Fortunately, a disabled worker ...

Disability Standards in Ontario: Own Occupation vs. Any Occupation

The 2012 Canadian Survey on Disability found that one in seven Canadians 15 years or older live with a disability that limits their daily activities. Of Canadians aged 25 to 64 with a disability, only 49% were employed, compared with 79% of those without a disability. For Canadians who...

Discovery Transcripts in Long-Term Disability Cases

Before a personal-injury lawsuit in Ontario goes to trial, the parties engage in discovery. Discovery is a process by which the parties share information and evidence with each other to encourage a settlement and avoid “trial by surprise”—the sort of unanticipated evidence or witnesses that make fictional lawsuits so...

Herniated Discs: What You Need to Know

Herniated discs are no laughing matter. They’re a type of back injury that may be caused by a slip and fall injury or car accident — and you may not notice the pain right away. A herniated disc may even cause pain or discomfort to radiate down to your feet,...

Are Income-Replacement Benefits Taxable?

Recently, we addressed the question whether long-term disability benefits are taxable in Canada. As we saw, the answer to that question is complicated — some types of benefits are always taxable, some are never taxable, and some are only sometimes taxed. Today, we want to consider a similar question that...