Disability Benefits — Ontario Employment Law

A. v. TST-CF Solutions LP

Wrongful Dismissal: 16-Year Employee Awarded 18 Months Notice

This wrongful dismissal case involved a plaintiff with over 16 years of service who was terminated at age 52 while disabled. The court found the termination was clear and unequivocal (with constructive dismissal as an alternative) and awarded 18 months' notice, applying the Bardal factors and considering the economic impact of the pandemic. The court also addressed whether the employer could deduct LTD benefits from damages and rejected claims for aggravated or punitive damages due to insufficient evidence of bad faith or discrimination.

M. v. Pitney Bowes

Former Employee Claims LTD for Injury During Employment

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.

S. v Workplace Safety and Insurance Appeals Tribunal

Judicial Review: WSIA Tribunal Disability Benefits

This is a judicial review of the Workplace Safety and Insurance Appeals Tribunal's refusal to assign a third reconsideration request regarding the denial of disability benefits for carpal tunnel syndrome and psychotraumatic disability. The Divisional Court applied the standard of reasonableness and dismissed the judicial review, finding the Tribunal's decision reasonable as the applicant failed to present new evidence.

W. v Canadian Specialty Metals

This is an interlocutory proceeding concerning a wrongful dismissal claim where the plaintiff sought to amend their pleadings. The case involves issues related to disability benefits within the context of the employment termination dispute.

R. v. Freightliner Canada Inc.

R. v. Freightliner: Wrongful Dismissal Pleadings Appeal

This is an appeal from a motion judge's decision in a wrongful dismissal action involving a plaintiff terminated from employment and denied long-term disability benefits. The Court of Appeal addressed whether the plaintiff's Reply raised a new cause of action and whether the claim was statute-barred, ultimately finding that the pleadings provided sufficient notice and the claim was not barred.

R. v. Manufacturers Life Insurance Company

Jurisdiction: LTD Benefits Under CBA - Weber Framework

This is an appellate procedural ruling concerning the jurisdiction to hear an employee's claim for long-term disability benefits under a collective bargaining agreement. The court applied the Weber v. Ontario Hydro framework to determine whether the dispute's essential character fell within the exclusive jurisdiction of the arbitrator or the courts, and addressed the propriety of adding the employer as a party to the litigation.

D. v. Great West Life Assurance Co. et al.

Disability Benefits: Employer Obligations & Mitigation

This case addresses the employer's obligations under an employee benefit plan regarding short-term and long-term disability benefits for an employee suffering from anxiety, depression, and panic disorders. The court found that the plaintiff was disabled under the plan and that the employer failed to provide necessary supports, including rehabilitation and workplace accommodations. Additionally, the court ruled that the denial of the short-term disability claim was unjustified based on medical evidence and that the plaintiff did not fail to mitigate damages by not pursuing therapy.

T. v. Navistar Canada, Inc.

T. v. Navistar: Jurisdiction over Post-Expiry Disability Claims

This is an interlocutory proceeding determining whether the court or a labour arbitrator has jurisdiction to hear a former employee's claim for long-term disability benefits. The plaintiff argued the claim arose after the collective agreement expired, while the employer contended that rights under the agreement survive its expiry and remain subject to arbitration.

B. v. Canac Kitchens

B. v. Canac: 24-Year Employee Awarded 22 Months Notice

The Court of Appeal for Ontario heard an appeal from a trial judge's award of 22 months' notice and damages for lost benefits in a wrongful dismissal case involving an employee with 24 years of service. The appeal focused on whether the trial judge erred in awarding damages for lost long-term disability benefits, imposing a mitigation obligation on a totally disabled employee, and awarding punitive damages without proper pleading. The court addressed the governing principles for entitlement to disability benefits and the limits on ancillary damages.

S. v. W.

Wrongful Dismissal: Deducting Disability Benefits & Mitigation

This is an appeal from a wrongful dismissal trial decision addressing whether disability benefits and gross sales from a new business should be deducted from general damages for wrongful dismissal. The Court of Appeal applied principles from Sylvester and Sills, finding the disability policy was privately placed and thus not deductible, and rejected the deduction of gross sales due to lack of evidence, though net income of $7,439 was deducted. The appellants were partially successful on appeal, and the respondents were awarded partial costs of $10,000.

N.C. v. Canada Life Assurance Company et al.

Security for Costs: Disability Claim & Impecuniosity

This is an interlocutory civil procedure decision regarding a motion for security for costs in a lawsuit alleging entitlement to long-term disability benefits after a workplace injury. The court dismissed the defendants' motion for security for costs, finding the plaintiff impecunious and ruling that her husband's income did not create a legal obligation to fund the litigation, thereby avoiding the foreclosure of a potentially meritorious claim.

R. Estate v. Ontario (Workplace Safety and Insurance Tribunal)

Judicial Review: WSIB Tribunal Decision on Disability Caps

A judicial review application challenging the Workplace Safety and Insurance Tribunal's interpretation of section 147(8) of the Workers’ Compensation Act regarding the capping of permanent disability supplements. The Divisional Court applied the reasonableness standard of review, finding no ambiguity in the statutory language.

Alcatel Canada Inc. v. E.

Wrongful Dismissal: 20-Month Employee Awarded 9 Months Notice

The Court of Appeal for Ontario heard an appeal regarding a wrongful dismissal case where the respondent was terminated without cause after 20 months of employment. The court upheld the trial judge's award of nine months' notice, applying the Bardal factors and considering the inducement to leave secure employment. Additionally, the court addressed the award of damages for lost disability benefits during the notice period and confirmed the trial judge's discretion in awarding partial indemnity costs.

V. v. Sobeys Capital Inc.

Constructive Dismissal Appeal: Working Hours and Benefits

This is an appeal to the Court of Appeal from a decision regarding constructive dismissal. The employee alleged that mandatory closing shifts and delayed disability benefits constituted a fundamental breach of the employment contract. The Court dismissed the appeal, finding that the employer's actions were unintentional, compensated, or promptly rectified, and did not amount to constructive dismissal.

T. v. Guard Inc.

T. v. Guard Inc: Long Term Disability Dispute

A legal dispute concerning long-term disability benefits in an employment context. The case addresses issues related to disability coverage and damages.

D. v. Liberty Mutual Insurance Co.

Wrongful Dismissal: Notice Increased to 18 Months on Appeal

An appeal from a wrongful dismissal case where the Court of Appeal increased the notice period awarded by the trial judge. The trial judge had awarded 12 months' notice, but the appellate court adjusted this to 18 months based on Bardal factors, including long service. The appeal also addressed entitlement to long-term and short-term disability benefits and a motion for fresh evidence, which was dismissed.

C. v. Clarica Life Insurance Co.

This is an appeal to the Court of Appeal from a motion judge's decision regarding long-term disability benefits. The employee sued the Toronto Transit Commission and an insurer for these benefits. The motion judge ruled that the civil action was permitted. The Court of Appeal disagreed, finding that the benefits plan was incorporated into the collective agreement and disputes had to be submitted to arbitration. The Court allowed the employer's appeal and dismissed the action against the Toronto Transit Commission.

S. v. Children's Aid Society of the City of Belleville

This is an appeal concerning a wrongful dismissal claim where the employee became disabled during the notice period. The Court of Appeal addressed whether the employer must pay full damages despite the employee's inability to mitigate, whether disability benefits contributed to by the employee are deductible, and how statutory holidays and sick leave bank credits should be handled during the notice period.

B. v. Westinghouse Canada Inc.

B. v. Westinghouse: Aggravated Damages for Disability Assistance

This is an appeal from a trial judge's decision in a wrongful dismissal case involving an employee terminated after a workplace injury. The central issue was whether the employer's failure to assist in obtaining long-term disability benefits and its breach of procedural rules regarding medical reports justified an award of aggravated and punitive damages. The Court of Appeal addressed the legal principles governing such damages, including the requirement of a separate actionable wrong and foreseeability.

M. v. Camco, Inc.

M. v. Camco: Deducting Disability Benefits from Wrongful Dismissal Damages

This is an appeal concerning a wrongful dismissal action where the employee was dismissed without adequate notice. The primary legal issue was whether short-term disability benefits paid by the employer after dismissal should be deducted from the damages awarded for wrongful dismissal. The Court of Appeal held that the damages and disability benefits served distinct purposes, and therefore the benefits were not deductible from the damages.