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Long-Term Disability


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 cannot work because of a physical … Continue reading “Disability Standards in Ontario: Own Occupation vs. Any Occupation”

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 entertaining. Normally, the materials shared in … Continue reading “Discovery Transcripts in Long-Term Disability Cases”

Can You Be Fired While on Disability in Ontario?

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 … Continue reading “Can You Be Fired While on Disability in Ontario?”

Does Long-Term Disability Insurance Protect Me After I am Forced to Leave My Job?

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 … Continue reading “Does Long-Term Disability Insurance Protect Me After I am Forced to Leave My Job?”

Pecuniary and Non-Pecuniary Damages in Long-Term Disability Claims

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 … Continue reading “Pecuniary and Non-Pecuniary Damages in Long-Term Disability Claims”

How Difficult is it to Prove Chronic Fatigue in a Disability Claim?

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 … Continue reading “How Difficult is it to Prove Chronic Fatigue in a Disability Claim?”

What is Ontario’s Golden Years Doctrine?

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 … Continue reading “What is Ontario’s Golden Years Doctrine?”

 
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