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 […]
Category: Disability Law
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 […]
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 […]