Employers sometimes claim that an employment contract has been “frustrated” due to a long-term illness or disability. When frustration of contract applies, the employer may argue that the employment relationship has ended because it has become impossible for the employee to perform their job. However, frustration of contract is often misunderstood and sometimes improperly relied…
Many employees are shocked to learn that they have been dismissed while on sick leave. If you were fired while dealing with a medical condition, you may be wondering whether your employer was legally allowed to terminate your employment. In Ontario, employees are protected by both the Employment Standards Act and the Ontario Human Rights…
If you are receiving long-term disability (LTD) benefits or have applied for disability insurance, you may be wondering whether insurance companies can monitor your activities during your claim. The reality is that insurance companies sometimes conduct surveillance investigations to determine whether a claimant is truly disabled. Understanding how surveillance works can help protect your claim…
Many people in Ontario rely on long‑term disability (LTD) benefits when illness or injury prevents them from working. These benefits are supposed to replace a portion of your income and provide financial stability during a difficult time. Unfortunately, insurance companies frequently deny or terminate legitimate disability claims. Understanding the most common mistakes in long‑term disability…
When illness or injury prevents you from working, long‑term disability (LTD) benefits are supposed to provide financial security. Unfortunately, many people discover that getting or keeping LTD benefits is far more difficult than expected. Insurance companies frequently deny or terminate claims, even where a person is genuinely unable to work. Understanding your rights early can…
This was a motion brought by the plaintiffs under Rule 39.02 to admit an affidavit after cross-examinations regarding new evidence of asset dissipation. The motion was successful. The defendants also unsuccessfully requested an adjournment. The details of the motion can be found in the endorsement below.
Recently our firm was successful in defending a client’s ability to continue their lawsuit for damages for a car accident. Below is the decision from the Workplace Safety and Insurance Appeals Tribunal finding that our Client was not considered to be “at work” during their commute to work. Therefore, the accident was not within the…
Electric scooters are becoming increasingly common across Ontario, particularly in cities participating in provincial pilot programs. However, many riders are unsure what happens if they are hit by a car — especially if they do not have insurance. A common misconception is that if you are riding an uninsured e-scooter, you cannot claim compensation. In…
Receiving a long term disability (LTD) denial letter from an insurance company can be devastating. Many people assume that once benefits are denied or stopped the insurer must be right and there is nothing more that can be done. That assumption is often wrong. A denial does not mean the insurer is correct. In many…
In Ontario employment law, the terms “notice” and “severance” are often used interchangeably. Under the Ontario Employment Standards Act, 2000 (ESA), they refer to different concepts. It is critical to understand that these are two distinct entitlements under the ESA. An employee may be entitled to one, both, or neither, depending on the circumstances. Notice…