Category: Disability Claims

The Rights of Adults with Disabilities: Court of Appeal Allows Class Action Against the Province to Go Ahead

Blog by David Derfel and Rachel Weitz Leroux v Ontario, 2023 ONCA 314 A young developmentally disabled woman from Timmins has been given the green light to move forward with a potentially ground-breaking class action against the Ontario government.  The Ontario Court of Appeal recently overturned a 2021 Divisional Court decision that dismissed a 2018 […]

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Employer’s Requirement to Release Them Of LTD Benefits Deemed Unconscionable

It’s comforting to know that long-term disability benefits are available if an accident, injury, or illness prevents someone from working. Unfortunately, the process of applying for and receiving benefits can be complicated, overwhelming, and unfair. The importance of having legal representation when dealing with matter of long-term disability was recently highlighted in a decision from […]

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Stay on LTD Leads To Frustration of Employment Contract

Returning to work after an injury can take months, or in some cases, years. Long-term disability (“LTD”) benefits exist to allow employees to take the time needed regain their health and return to work. However, in a recent case before the Ontario Superior Court of Justice, the court was asked whether an employee’s continued receipt […]

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