Ontario Severance

M. v. Pitney Bowes

2018 ONCA 381 (CanLII)Court of Appeal for OntarioDecided

Former Employee Claims LTD for Injury During Employment

Summary

This was an appeal to the Court of Appeal from a trial judgment that held the former employee had no coverage under the employer's long-term disability policy. The employee suffered a traumatic brain injury during a work trip, returned to work for a time, quit due to performance struggles, and was later fired from a new job. The trial judge found the insurance policy stated no coverage existed for people not employed by the employer when applying for benefits. The Court of Appeal allowed the appeal and found the employee was entitled to coverage because the injury occurred during his employment.

Outcome

appeal allowed

Key Factors

  • insurance policy interpretation
  • long-term disability coverage
  • timing of disability claim
  • relief from forfeiture
  • discoverability of claim

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More Ontario employment decisions from 2018

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.