Long-Term Disability — Ontario Employment Law

E.-F. v. Equine Canada et. al.

Wrongful Dismissal: 4 Months Notice for Short-Service Director

This is an interlocutory proceeding involving a wrongful dismissal claim where the plaintiff sought summary judgment on reasonable notice and LTD entitlement. The court applied the Hryniak v. Mauldin framework to determine if a trial was necessary. While the court acknowledged the Employment Standards Act minimums and considered the Bardal factors for notice, it refused summary judgment on the LTD claim due to credibility conflicts and the need for factual findings regarding policy interpretation.

F. v. Sun Life Assurance Company of Canada

F. v. Sun Life: Jurisdiction & LTD Dismissal

This case addresses whether a dispute arising from an employee's resignation and termination falls under exclusive arbitral jurisdiction via a collective agreement or can proceed as a civil claim for negligent misrepresentation. The court also examined whether an insurer's summary judgment regarding the termination of long-term disability benefits should be granted, finding genuine issues for trial regarding policy administration and credibility.

S. v. Stahle Construction Inc.

LTD Eligibility: Construction Supervisor Appeal Dismissed

This is an appeal from a trial decision regarding the respondent's eligibility for long-term disability benefits under a group benefits plan. The Court of Appeal dismissed the appeal, upholding the trial judge's finding that the respondent was disabled under the 'own occupation' definition and crediting his testimony and clinical records over contrary indications. The court also addressed procedural issues regarding the scope of remittal and the standard of review for mixed findings of fact and law.

S. v. Stahle Construction Inc.

Plaintiff Found Eligible for Long-Term Disability Benefits

The plaintiff took temporary medical leave due to a hernia condition, during which the employer terminated his benefits without requesting supporting medical documentation. The plaintiff sued, alleging this prevented him from applying for long-term disability benefits. The court found the plaintiff met the definition of disability and was eligible for benefits, inferring negligence by the employer for its lack of action.

S. v. HSBC Bank of Canada

S. v. HSBC Bank of Canada: Leave to Amend Pleadings

This was an appeal to the Court of Appeal from a motion judge's decision dismissing the plaintiff's motion for leave to amend her statement of claim. The plaintiff had sued her employer and the insurer, Sun Life, for long-term disability benefits. The motion judge denied leave on the basis that the proposed amendments sought to withdraw an admission and add a statute-barred claim for relief from forfeiture. The Court of Appeal allowed the appeal, finding that the amendments did not withdraw a factual admission and that the request for relief from forfeiture was not a new claim. The plaintiff was granted leave to amend her pleadings.

S. v. Stahle Construction Inc.

S. v. Stahle: LTD Eligibility & Evidence

This is an appeal to the Court of Appeal for Ontario regarding the interpretation of an employee benefits plan and the admissibility of evidence in a long-term disability claim. The court addressed whether the trial judge erred in interpreting eligibility requirements for long-term disability benefits under the Mercon Booklet and in excluding the Great West Life insurance policy due to non-disclosure.

G. v. Desjardins Financial Security Life Assurance Company

This is a procedural ruling on a Rule 21.01(3)(a) motion regarding the Superior Court's jurisdiction to hear a long-term disability benefits claim. The court determined that the dispute did not arise from the collective agreement because the plaintiff was in a non-union position at the time of the alleged disability, thereby retaining jurisdiction rather than referring the matter to arbitration.

H. v. The Manufacturers Life Insurance Company (Manulife Financial)

Arbitration Jurisdiction: LTD Benefits & Collective Agreement

This is an appeal from a motion judge's determination regarding the jurisdiction of a claim for long-term disability benefits. The Court of Appeal for Ontario reviewed whether the claim was subject to exclusive arbitral jurisdiction under the collective agreement, applying the Weber test and the Brown and Beatty framework to categorize the dispute.

F. v. Manulife

F. v. Manulife: Disability & Termination Notice

This is a summary judgment motion in a wrongful dismissal and benefits dispute where the plaintiff, a former employee, sought long-term disability benefits and challenged the employer's termination obligations. The court considered whether the statutory eight-week notice period under the Employment Standards Act, 2000 or the common law notice period applied, and whether the plaintiff's disability excused non-compliance with mitigation obligations in the termination agreement. The motion was dismissed as genuine issues regarding policy interpretation and the timing of the disability required a trial.

S. v. Royal & Sun Alliance Insurance Company of Canada

Severance Release Unconscionability: 14-Year Employee Appeal

This is an appeal from a summary judgment decision regarding the enforceability of a release of claims signed by an employee as part of a severance package. The employee, terminated after 14 years of service, argued the release was unconscionable because they did not seek independent legal advice. The Court of Appeal found insufficient evidence on the fairness of the transaction and the value of the claim, referring the issue to trial.

H. v. The Manufacturers Life Insurance Company

Jurisdiction: Long-Term Disability Benefits Dispute

A procedural ruling concerning jurisdiction in a dispute over long-term disability benefits between an employee and their employer. The case addresses whether the court has jurisdiction under the Courts of Justice Act to hear the claim for insurance benefits.

H. v. The Manufacturers Life Insurance Company

Arbitrability of LTD Benefits under Collective Agreement

This is an interlocutory jurisdictional motion determining whether a claim for long-term disability benefits, provided through an employer's collective agreement, must be heard by an arbitrator rather than the Superior Court of Justice. The court analyzed whether the collective agreement established sufficient obligations to render the dispute arbitrable despite differences in definitions between the agreement and the insurance policy.

F. v. Halton

F. v. Halton: LTD Benefits & Employer Duty

This is a summary judgment motion concerning a former employee's claim for long-term disability benefits. The court addressed whether the plaintiff's claim was barred by limitation periods and whether relief from forfeiture should be granted due to the employer's failure to provide necessary application forms. The court denied summary judgment for dismissal of the plaintiff's claims against the employer and legal counsel, finding the contractual limitation period unenforceable and granting relief from forfeiture.

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.

M. v. Sun Life Assurance Company of Canada

M. v. Sun Life: Jurisdiction over Collective Agreement Benefits

This is an appeal regarding the jurisdiction of the court to hear a dispute over long-term disability benefits for a unionized employee. The Court of Appeal held that disputes arising from the interpretation or administration of a collective agreement, including benefits, must be resolved through arbitration and are outside the court's jurisdiction.

B. v. The Manufacturers Life Insurance Company (Manulife Financial)

B. v Manulife: Arbitrability of LTD Benefits

This is a procedural ruling on a motion to strike a claim for lack of jurisdiction. The Court of Appeal for Ontario determined that a dispute concerning the termination of long-term disability benefits is arbitrable under the collective agreement rather than within the jurisdiction of the Superior Court, applying the Weber analysis to establish the exclusive jurisdiction of the labour arbitration process.

M. v Sun Life Assurance Company of Canada

Arbitrator Jurisdiction: Long-Term Disability Benefits

This is a procedural ruling regarding the jurisdiction of arbitrators versus courts in a labour and employment dispute involving unionized employees and long-term disability benefits. The court applied the Weber framework to determine that the dispute arose from the interpretation of the collective agreement and thus fell within the exclusive jurisdiction of an arbitrator. Additionally, the court found that the insurance company acting as administrator was not a proper party to the action.

F. v. Peel Educational & Tutorial Services Limited (Mississauga Private School)

Appeal Allowed: Just Cause Found for Falsifying Grades

This is an appeal from a wrongful dismissal trial involving a teacher dismissed for falsifying student grades and lying to the employer. The trial judge originally awarded the employee one year's salary and disability benefits, finding no just cause. A majority of the Court of Appeal allowed the employer's appeal, applying the McKinley principles to conclude that the severe misconduct and breach of trust constituted just cause for dismissal without notice.

F. and Peel Educational

Wrongful Dismissal: LTD Benefits Deductibility

This wrongful dismissal case addressed whether long-term disability (LTD) benefits paid by the employer should be deducted from damages to avoid double recovery. The court applied the principle from Sylvester v. British Columbia, holding that LTD benefits are deductible where the employer is the payor and there is no evidence of intent to allow simultaneous recovery. The plaintiff was awarded 12 months’ salary in lieu of notice.

C. v. Canac Kitchens

Constructive Dismissal: 18-Month Notice for 18-Year Employee

This case addresses whether unilateral changes to an employee's reporting structure and responsibilities upon return from medical leave constituted constructive dismissal. The court applied the Farber test for fundamental changes to employment terms and determined the appropriate notice period under the Bardal factors. Additionally, the court considered claims for bad faith dismissal, moral damages, and the impact of long-term disability benefits on damages.