Category: Disability Law

Soave v. Stahle Construction Inc., 2023 ONCA 265 (CanLII)

Stahle appealed the January 13, 2022 decision of Madame Justice Walters The Appeal was heard on February 14, 2023.  The appeal was allowed, and a new trial was ordered for the Superior Court to reconsider if Soave qualified for LTD benefits. Facts: The Issues at Trial were as follows: The Ontario Court of appealed found […]

What is a Reasonable Amount of Exercise in a Disability Claim? Dhanda v. Thind, 2022 BCSC 1003

When a claim for disability is made, the claimant opens themselves up to scrutiny of how they are living their life, what medical care they receive and how they function in their work and personal life.  “Activities of daily living” are used to describe day to day functions that everyone needs to perform for basic […]

Largest Punitive Damages Award – Baker v. Blue Cross Life Insurance Company of Canada

By now everyone has heard about the Toronto jury decision awarding the largest known punitive damages on record to an individual plaintiff in Canada after a five-week trial in the Ontario Superior Court of Justice. The award of $1.5 million in punitive damages was made against the Blue Cross Life Insurance Company of Canada (“Blue […]

Relief from Forfeiture in LTD – Smith v. Sun Life and Wiles v. Sun Life

Smith v. Sun Life 2021 ONSC 7109 (CanLII)   The Ontario Court granted the Plaintiff relief from forfeiture for failing to submit a formal Long Term Disability (LTD) application and dismissed Sun Life’s motion for summary judgment to dismiss the Plaintiff’s claim.   Key Facts and timing in Smith  The Plaintiff was approved for Short Term […]

Foster v Aviva General Insurance

CERB not akin to EI and not deductible from IRB In the recent Licence Appeal Tribunal (“LAT”) reconsideration decision of Foster v Aviva, 2021 ONLAT 19-014657/AABS adjudicator Vice Chair Boyce granted the applicant’s request for reconsideration. In the initial decision, adjudicator Ferguson suggested that the applicant’s receipt of the Canada Emergency Response Benefit (“CERB”) and Canada […]

Booking Mediations as of October 1, 2021

We are very pleased and excited to announce that Avril Hasselfield and Susan Rai have formed Results Mediators to provide you with professional mediation services! We both started our legal careers in private practice with a focus on representing Plaintiffs and then moved in-house into the Insurance and Financial Services industry representing all lines of business with their litigation.  Together we have over 35 […]