The Ontario Court of Appeal has ordered a full trial for an employee who sued for $300,000 in long-term disability benefits despite signing a document that released such claims. The decision in Swampillai v. Royal & Sun Alliance Insurance Co. of Canada reverses a lower court decision that summarily found the release to be “unconscionable.” […]
Shoppers Drug Mart Inc. is partnering with Acclaim Ability Management Inc. to offer one-on-one coaching services to employees on short-term disability leave with mental-health issues. With the goal of getting their employees back to work sooner, employers can choose between two offerings to lower the risk of STD turning into a long-term disability leave. “We’re taking employee support to the […]
When considering the legal cases attracting the most attention from the pension and benefits industry in 2018, the Ontario Human Rights Tribunal’s decision in Talos v. Grand Erie District School Board was one of the most talked about of the year. “This case is important because plan administrators who previously relied on the Employment Standards Act […]
Whether considering age eligibility or policy wording, recent rulings for employees in a pair of Ontario cases are reminders to employers to review their long-term disability offerings. When I’m 65 Ontario employers may no longer have the option to reduce or eliminate health and life insurance benefits for employees aged 65 or older, following the […]
An Ontario court is allowing a terminated employee to continue with an action for long-term disability benefits despite signing a document that released such claims. When Joe Swampillai was terminated, he was pursuing an appeal for the denial of his benefits against his employer, Royal & Sun Alliance Insurance Co. of Canada, and against Sun Life […]
Long-term disability rates are expected to increase by 4.7 per cent in 2018 compared to the previous year, driven by a strengthening Canadian economy, according to new research by RBC Insurance. The annual research, which demonstrates how long-term disability claims are linked to gross domestic product growth rates, shows a significant change from last year’s research, which predicted an uptick in […]
In one episode of the television show The Office, salesman Stanley Hudson has a heart attack during a workplace fire drill. A few days later, he’s back at his desk, with only a doctor’s orders to “relate more positively” to his surroundings. Many employers can only dream of such an easy return to work. In […]
Does disability interfere with an organization’s right to terminate employment and employer-provided benefits? It’s a question that commonly arises when it comes to employees who have been away from work and in receipt of long-term disability benefits for extended periods of time. Generally, and subject to applicable statutory entitlements respecting termination pay and severance, it […]
A recent Court of Appeal of Alberta dismissal of a case relating to age discrimination and the eligibility of receiving long-term disability benefits provides some clarity to future legal interpretation of similar employer-sponsored plans. In International Brotherhood of Electrical Workers, Local 1007 v. Epcor Utilities Inc., the union’s appeal related to whether a long-term disability […]
What’s an employer to do when it faces benefits costs for employees on long-term disability for up to 10 years? Earlier this year, the B.C. Court of Appeal weighed in on the issue with a ruling that, while failing to interfere with an earlier finding that a municipality’s decision to fire three employees in that […]