The circumstances under which a former employee could still make a long-term disability claim after leaving his or her position have not always been well defined. Specifically, whether an employee who was injured while under the policy, but only discovered the long-term effects of that injury after leaving that position, would still be able to claim LTD benefits has been unclear. The Ontario Court of Appeal provided some guidance for this in its recent decision of MacIvor v. Pitney Bowes.
LAW RESOURCES & NEWS
Since January 1, 2015, anyone who has been issued a Certificate of Appointment of Estate Trustee has been required to file the Estate Information Return (“EIR”) with the Ministry of Finance within 90 days of the Certificate being issued.As it is now just slightly more than 4 years since this requirement came into play, it seems as good a time as any to reflect on the process and what could be improved.
Periodically I am contacted by someone who has been a victim of a criminal offence. As a personal injury lawyer my job is to obtain compensation for the victim for the damages caused by the criminal. In addition to the civil remedies (e.g., filing a lawsuit, questioning the perpetrator at discovery, etc.) there is also a little-used section of the Criminal Code which can be very effective in obtaining at least partial compensation for victims of crime.
The Ontario Court of Appeal recently provided further guidance on the use of surveillance and Facebook in personal injury cases in its decision of Nemchin v. Green, 2019 ONCA 634.
When someone suffers a significant injury and disability, she understandably typically focuses on the benefits to which she may be entitled from insurance companies (e.g., Income Replacement Benefits and Long-Term Disability Benefits). What is sometimes overlooked is the monthly Canada Pension Plan (CPP) Disability Benefit which can provide a much-needed financial safety net to protect the injured person and her family.
In our justice system, we give jurors profound responsibility and power when we entrust them to render verdicts in legal disputes. The problem in civil cases is that, despite the trust we put in jurors, we do not tell them the whole story or the context in which their decisions are being rendered.