Don’t Gamble With Your Credibility: How Casino Loyalty Cards Can Betray Your Personal Injury Claim
Loyalty programs are great. Most of us participate in one type of loyalty program or another, whether it’s travel points for booking flights or spending money on a credit card. Loyal programs make us feel like we are getting something for nothing, “I was going to spend the money anyway”. However, the cost of loyalty […]
The Rights of Adults with Disabilities: Court of Appeal Allows Class Action Against the Province to Go Ahead
Blog by David Derfel and Rachel Weitz Leroux v Ontario, 2023 ONCA 314 A young developmentally disabled woman from Timmins has been given the green light to move forward with a potentially ground-breaking class action against the Ontario government. The Ontario Court of Appeal recently overturned a 2021 Divisional Court decision that dismissed a 2018 […]
Undiscovered Brain Injury Leads To Questions About Disability Coverage
When an injury happens at work, people can turn to the short-term or long-term disability benefits provided by their employers, should they have such policies in place. Some injuries are of such a nature that they can be identified right away, while others may take a long time to show up, such as brain injuries. […]
Employer’s Requirement to Release Them Of LTD Benefits Deemed Unconscionable
It’s comforting to know that long-term disability benefits are available if an accident, injury, or illness prevents someone from working. Unfortunately, the process of applying for and receiving benefits can be complicated, overwhelming, and unfair. The importance of having legal representation when dealing with matter of long-term disability was recently highlighted in a decision from […]
Insurance Company Ordered To Pay Special Costs For Bad Faith Behaviour
Insurance policies are contracts between insurance companies and the people they insure. In Canada, insurance companies, or insurers, have a legally-established duty of “good faith” towards the people they insure. This means the courts have imposed an implied obligation on insurance companies to deal with their client in good faith when people bring claims. In […]
Stay on LTD Leads To Frustration of Employment Contract
Returning to work after an injury can take months, or in some cases, years. Long-term disability (“LTD”) benefits exist to allow employees to take the time needed regain their health and return to work. However, in a recent case before the Ontario Superior Court of Justice, the court was asked whether an employee’s continued receipt […]