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 appeal process works, the kinds of…
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 determining whether a settlement and/or disability…
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 seem to exist in Ontario solely…
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 other benefits, such as long-term disability…
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’ disabilities to the point of undue…
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 may be able to rely on one…
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 cannot work because of a physical…
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 entertaining.Normally, the materials shared in discovery…
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, making it difficult to enjoy…
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 has a much simpler answer:…
According to a Statistics Canada survey conducted in 2012, nearly 4 million Canadians had a disability that limited their daily activities, including more than 15% of Ontarians. We’ve discussed before some of the benefits available to Ontarians when a disability prevents them from earning an income through work, including: Private disability insurance purchased by the…
Many Ontarians have long-term disability insurance through their employers. Such policies provide income replacement if the employee is unable to return to work after other short-term disability benefits expire. In some situations, an employee may not immediately recognize to apply for long-term disability. For instance, if the employee suffered a traumatic brain injury, the more…
When a person is injured by another’s wrongdoing — whether those injuries are physical or emotional, as in a personal injury claim, or only legal, as in a breach-of-contract claim — Ontario law permits the injured person to sue for compensation for his or her injuries.That compensation comes in the form of damages, which are…
In 2015, more than 500,000 Canadians — about 1.4% of all Canadians — reported suffering from chronic fatigue syndrome (CFS). CFS, also known as myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS), is a debilitating illness involving overwhelming fatigue that can prevent a person from working or even confine him or her to bed.Unable to work, many of…
According to the World Health Organization, depression is the leading cause of disability worldwide — it affects more than 300 million people globally. In Canada, by the time a person turns 40, there is a 50% chance that he or she has, or has had, a mental illness.Thankfully, Canadian law and disability insurance policies generally…
It’s almost April, and that can mean only one thing: It’s tax season in Canada! By the end of the month, tens of millions of Canadians, including millions of us here in Ontario, will file their T1s for last year with the Canada Revenue Agency. For many Ontarians, this will be the first year in…
Ontario law entitles a plaintiff to recover damages from a defendant who negligently injures him or her. The goal of the law is to return the plaintiff to the original position — that is, the position the plaintiff would have been in had the injury not occurred.For some kinds of damages, like medical bills or…
Long-term disability (LTD) rates are on the rise. According to RBC Insurance, LTD incidence rates are expected to increase 4.7% this year compared to 2017. This may be in part related to a stronger Canadian economy — RBC has found that as gross domestic product accelerates, so do the amount of long-term disability claims.The increase…
We’ve discussed Ontario slip and fall cases in detail in the past. As we explained then, such cases are governed by the Occupiers’ Liability Act (OLA). The crux of the OLA is found in section 3(1), which provides that:[a]n occupier of premises owes a duty to take such care as in all the circumstances of…
In 2011, Statistics Canada published a report on injuries using information from the 2009 to 2010 Canadian Community Health Survey. It found that falls were the leading cause of injury in Canada. Among adolescents, these typically occurred while playing sports. But among seniors, falls usually occurred while walking or doing household chores.When those injuries —…
Every year in Ontario, tens of thousands of Ontarians suffer personal injuries as the result of motor-vehicle collisions, medical negligence, dangerous premises, defective products, and other causes. Unfortunately, not every injured Ontarian understands his or her legal rights in the context of a personal injury for which another person is at fault.Two of the most…
You’ve probably heard of the word “damages,” in the legal sense, but what does it mean? Damages is in reference to the amount of money awarded in a lawsuit to help a person recover from their injuries, offsetting the losses and suffering caused by someone else’s negligence or fault.Damages in a personal injury lawsuit can…
Imagine this scenario: You’re visiting one of your favorite Toronto restaurants when you slip and fall on the way to your table. Was there a patch of water on the ground? No sign indicating that the tile might be slippery?You’re in a bit of pain, so you go to the emergency room and a doctor…
When you are unable to work but have disability insurance, typically you’re going to a file a claim for disability benefits. But what happens when your claim is denied? The insurance companies don’t exist to help you — they want to meet their bottom line and keep costs down.A lawyer can make all the difference…
Last updated Feb. 15, 2018.Slip-and-fall accidents are one of the most common examples of Occupiers’ Liability claims in Ontario. These accidents can occur when a building or property owner fails to remedy dangerous conditions on his or her property, such as ice on steps, a puddle in a supermarket aisle, and so on.If you or…
The results of this quiz are not intended to guarantee the outcome of your potential case. It is an application we have developed to help you get a better understanding of your situation and should not be viewed as the equivalent of speaking with an attorney.
