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”
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?”
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?”
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”
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?”
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?”
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 … Continue reading “Ontario Long-Term Disability Incidences on the Rise”
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 … Continue reading “Ontario Apartment-Injury Claims: What You Need to Know”
