Illnesses, both physical and mental, can sometimes prevent employees from working. These illnesses, including invisible disabilities, may be sufficiently serious that an employee is unable to work for an extended period, or even permanently.
Our firm has significant experience providing advice and representation to individuals in respect of a range of benefit schemes, including Long-Term Disability (LTD) benefits, provided by private insurance companies, and Canada Pension Plan Disability (CPP) Benefits, provided by the government.
LTD insurance, which is often bundled together with Short-Term Disability benefits, is designed to provide replacement income should an employee become disabled and unable to work. We work with our clients in situations where LTD benefits have been denied to change the insurer’s decision, either by issuing a demand letter or through the production of additional medical or other evidence. Where it is necessary to bring the matter before the courts, we are often successful in negotiating settlements at the mediation stage of litigation. However, we are well equipped to bring these matters to trial, if necessary.
CPP Disability benefits provide financial assistance to eligible individuals who suffer from a “severe and prolonged” disability, as well as to individuals in certain other limited circumstances. In addition to assisting individuals in applying for these benefits, our firm also represents individuals who have been denied these benefits in appeals and proceedings of judicial review.
Given the difficult financial circumstances of many applicants for LTD and CPP Disability applicants, we are open to discussing the possibility of alternative billing arrangements with our clients.
Other Areas of Expertise
Labour Law
Our lawyers regularly present grievances on behalf of unions and employee associations on all matters arising from the interpretation or application of collective agreements.
Human Rights
Our firm regularly provides advice and representation to unions, organizations and individuals involved in human rights, pay equity, or employment equity matters.
Judicial Review and Appellate Advocacy
Our firm routinely provides representation to unions, individuals, and organizations who seek to attack or set aside actions taken by the government or tribunals
Employment Law and Wrongful Dismissal
Our firm represents individuals in a wide range of employment matters, including wrongful dismissal, constructive dismissal, employment standards claims, employee benefits and executive compensation.
Disability Benefits
Our firm provides assistance to individuals applying for Long-Term Disability Benefits and Canada Pension Plan Disability Benefits, as well as representations before appeal tribunals.
Canadian Charter of Rights and Freedoms
Our firm provides advice and representation to individuals, unions and organizations respecting the rights and freedoms guaranteed by the Charter.
Health and Safety / WSIB
Our firm provides advice and representation in matters concerning workers’ compensation and health and safety. This includes appearances before appeal tribunals.
Pensions and Retirement Benefits
Our firm provides advice and representation to individual employees and unions on matters such as retirement and disability pensions.
Professional Discipline
We regularly defend professionals who are the subject of complaints to their governing body, notably in the health care and education sectors.
Access to Information and Privacy
Our firm assists clients with their own research projects and can provide guidance and representation throughout the process, including complaints and court applications, to maximize results and reduce delays.
Whistleblower Protection
Our firm provides advice and advocacy to employees before, during, and after the whistle is “blown.” We provide guidance as to the scope of permissible disclosure and the procedural steps that are necessary before “going public.”
Advocacy Training
We have extensive experience in developing and presenting courses designed to teach advocacy skills to union representatives, at both basic and more advanced levels.