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Showing posts under "Disablity Claims"
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Rastin Review of Greig v. Desjardins, 2019, BCSC 1758: An assessment of damages for breach of good faith by disability insurance company
Nov 11, 2019

In a recent case decided at the Supreme Court of British Columbia, Greig v. Desjardins, 2019, BCSC 1758, the court decided whether disability insurance companies should be held accountable when they take unreasonable positions that are... Read more

What do I do if my employer tries to force me to come back to work early from disability leave?
Sep 17, 2019

As the Canadian workforce continues to get older, the number of workers facing disability issues continues to rise. Benefits Canada has recently posted an article stating that there has been a... Read more

What can I do if I have been denied long term disability insurance?
Feb 13, 2019

Long term disability, also referred to as ‘LTD’ insurance is used when you can no longer work due to an unexpected accident or illness that has left you permanently disabled. This insurance can replace between... Read more

A Rastin Review of Aviva Canada v. Sidhu: The Importance of Protecting the Consumer in the World of Insurance
Dec 18, 2018

In our case of Smith v. Co-operators General Insurance Co., [2002] 2 S.C.R. 129 (S.C.C.) Steve Rastin argued before the Supreme Court of Canada that the insured person, Ms. Smith, was not given a proper refusal by her insurance company when she was... Read more

Hamilton lawyer Dermot P. Nolan - Why can’t juries handle the truth?
Apr 05, 2018

Hamilton lawyer and a former president of the Ontario Trial Lawyers Association Dermot P. Nolan says that though our courts expect witnesses to tell the truth, the reality is troublingly different... Read more

Think your claim doesn’t stand a chance against a big Insurance Company? This win for the underdogs could change your mind
Feb 09, 2018

It is not very often we have the David vs. Goliath scenario played out in the courtroom. When it does happened, it is worth much more than a passing comment. The Persampieri v. Hobbs is just that case... Read more

Appeals Court rules Insurer may deduct Non-earner Benefits from LTD Payments
Feb 07, 2017

The Appeal Court ruled that the appellant’s Group Plan insurer could deduct the amount of non-earner benefit (NEB) her vehicle insurer was paying her in connection with a second accident, from the long term disability benefits (LTD) she was receiving for a previous accident... Read more

A Claimant’s Delays in providing required Information and filing a Claim to his Insurer result in denied Long-term Disability Benefits
Oct 28, 2016

When a claimant fails to provide required information to their insurer on a timely basis for a long-term disability claim, they face the risk of having their benefits denied. In Richards v. Sun Life, the court determined that the claimant should have understood that their claim was denied by their insurer. The court also decided that the plaintiff’s claim for unpaid benefits was statute-barred for being filed past the two-year limitation period... Read more

Human Rights Tribunal classifies Miscarriage as a Disability
Jun 07, 2016

In February 2016, the Human Rights Tribunal determined that a miscarriage is a disability and must be accommodated accordingly by employers... Read more

Claims are sometimes allowed past the deadline defined in the Limitations Act
Feb 11, 2016

Personal injury claims are statute-barred, which means an accident victim is required to file a claim within the specified period defined by the Limitations Act. However, sometimes circumstances, such as accurate assessment of an injury, make it difficult to adhere to this limitation period and your claim may still be allowed to proceed... Read more

Judge rules that Wrongdoer Defendant rather than Victim should be Entitled to Benefits of Insurance that she paid for.
Jan 04, 2016

Calculating monetary damages can be a complicated process in personal injury claims. Some factors make it more difficult, such as when a claimant receiving benefits prior to their personal injury suit against the negligent party... Read more

Arbitration determines Insured's Accident Benefits must be Reassessed
Sep 22, 2015

Arbitration successfully resolved a disability benefits dispute in the case of Arruda v Western Assurance, and thus avoided lengthy trial... Read more

Limitation Period in Challenging Your Insurer's Refusal of Benefits
Aug 25, 2015

All insurance policies have rules and guidelines for making claims and challenging a refusal of benefits. Understanding these rules and guidelines is very important... Read more

When should Interest on past due Attendant Care Benefits be paid to claimants?
Aug 23, 2015

Attendant Care Benefits are an important claim in the aftermath of a car accident. What happens when payments are overdue?.. Read more

Retaining expert witness previously employed by opposing party
Jul 24, 2015

Court allows expert witness that was previously employed by opposing party... Read more

Administrative Dismissals
Apr 03, 2015

Inaction, missed time requirements and poor management can all hurt your chance at receiving compensation when your claim is dismissed. Learn how this can happen to you and what you can do to prevent or deal with it... Read more

Late Diagnosis and Treatment of Symptoms
Mar 25, 2015

In the case of Polera v. Wade, a partial summary judgement was being sought after the removal of a brain tumor left the patient with severe injuries. Here we look at the special circumstances surrounding this incident and the see the judgements that arose from it... Read more

Attendant Care Services and Family Members
Feb 05, 2015

Compensation through the attendant care services plan is not always easily decided. Learn how some recent changes can affect the type care you receive and the compensation offered for it... Read more

Contracts and your Claim
Jan 28, 2015

Here we revisit a case that was centered on the type of contract between an insurer and client as well as the time limitations connected to it... Read more

The finality of Settlement Agreements
Nov 23, 2014

Agreeing to a settlement can have a relieving effect on someone who has been injured. Find out what happens if you change your mind after signing... Read more