RavenLaw is proud to sponsor an upcoming evening of music in support of Ottawa Blues for Youth, in connection with the Royal Ottawa Hospital. Ottawa Blues for Youth was created in the fall of 2020 by Anita Manley, with funds raised going to support Youth Mental Health at the Royal.
The event will be held on October 23, 2021, with ticket sales beginning in mid-August. For more information, click here.
On June 24, 2021, James Cameron and Karen Sisson presented as part of the Law Society of Ontario’s annual Six-Minute Employment Lawyer update. James and Karen presented on the interconnections between Long-Term Disability claims, the duty to accommodate disabilities in the workplace, and wrongful dismissal cases.
On August 30, 2021, Raphaëlle Laframboise-Carignan and Anna Lichty were called to the Bar in Nunavut and were sworn before Justice Cooper in Iqaluit, NU. Both Raphaëlle and Anna were presented by Alison McEwen who has been a member of the Law Society of Nunavut since 2015.
RavenLaw is proud to represent employees and unions in the northern territories of Canada, including in the Northwest Territories (Michael Fisher), the Yukon (Morgan Rowe), and Nunavut (Alison, Raphaëlle, and Anna).
On February 24, 2021, Morgan Rowe presented as part of a panel on pay equity issues in Canada, hosted by the University of Ottawa Association of Women and the Law and Employment Law Student’s Society. The panel discussed the ongoing work needed to address the gender pay gap, as well as the impacts of the recent federal Pay Equity Act and the Supreme Court of Canada’s 2018 decision striking down portions of Quebec’s pay equity legislation.
Andrew Raven, Andrew Astritis and Morgan had appeared before the Supreme Court on behalf for the intervener, the Public Service Alliance of Canada, to argue in support of a Charter challenge during the Quebec pay equity case.
On March 17, 2021, David Yazbeck will be moderating a webinar on “The Expansion of Whistleblower Rewards in Canada, the US and Globally”. The webinar, presented by the Whistleblowing Canada Research Society, will focus particularly on the Ontario Securities Commission Whistleblower Program, as well as other similar programs.
David will be joined by host Paloma Raggo, assistant professor at Carleton University and the Director of Whistleblowers Canada; Mary Inman, a partner at Constantine Cannon LLP and head of the firm’s international whistleblower practice; and Shaifali Joshi-Clark, a senior forensic accountant in the Office of the Whistleblower of the Ontario Securities Commission.
More details about the webinar can be found here. Attendance at the webinar is free.
David Yazbeck was recently invited to speak about whistleblower laws on the @Risk Podcast, with host Jodi Butts. David spoke about the risks inherent in whistleblowing and the proper response – or lack of response – from legislatures or other bodies. As part of the same episode, Ms. Butts interviewed Dr. John O’Connor, who is the first recipient of the Centre for Free Expression Whistleblower Initiative’s Peter Bryce Prize for whistleblowing.
David is a leading practitioner in the area of whistleblower law. He is also a member of the Centre for Free Expression Whistleblower Initiative’s Steering Committee, along with a number of high-profile whistleblower advocates.
The @Risk episode featuring David and Dr. O’Connor can be found here, as well as on Apple and Google podcasts.
There is a common misconception that contracting COVID-19 automatically results in eligibility for long-term disability benefits. Unfortunately, this is not the case, and only in specific circumstances relative to an individual’s limitations and restrictions would filing a claim be appropriate. Today, we will find out why that is and provide information to help you determine your eligibility for long-term disability benefits, otherwise known as LTD.
The first factor to consider is the elimination period or the amount of time an employee must wait between the first day they are unable to work due to illness or injury and the first day they are eligible to receive LTD benefits. The elimination period varies depending on your LTD policy. During this period, the individual must continuously be unable to work because of their disability. The employee may be required to use all remaining sick days or apply for short term disability benefits during this period of time. Before applying, carefully examine the policy booklet provided by your employer. Ensure it’s the latest version, as updates to qualifying terms and conditions could either simplify or complicate matters further.
The second factor to consider is the definition of disability as set out in your benefits policy. In order to be eligible for LTD benefits, the individual applying must meet the definition of disability as set out in the policy. These vary slightly depending on the insurance company. However, there are usually two key timeframes to bear in mind when considering your application. The first, which usually applies for the first 24 months after the end of the elimination period, is to prove that you cannot perform your own occupation because of the injury or illness. After 24 months, the employee must demonstrate that they cannot perform the duties of any occupation because of the injury or illness in question.
As covered in our May post on this particular subject, there are five common reasons why you may be denied LTD benefits:
In addition, late applicants who miss the deadline may be ineligible, which can result in a stressful and economically frustrating experience. Always ensure you apply before the posted deadline to avoid this needless complication. While there may be steps available to you to secure your benefits, they involve lengthy court proceedings that are best avoided.
In consideration of these aforementioned LTD eligibility specifics, claiming LTD benefits as a result of COVID-19 would be difficult because you must be able to demonstrate that, after the elimination period and during the first two years, your ongoing symptoms of COVID-19 restrict and limit you from performing the duties of your occupation. A COVID-19 LTD claim would only be successful in instances where your symptoms are severe enough to prevent you from working in your own job. That said, if your LTD benefits have been denied, whether in relation to COVID-19 symptoms or another injury or illness, there are extra steps you can take in an attempt to pursue them further. We have covered them in detail here and would be happy to assist with any questions you may have.
[Note: This article is for informational purposes only and does not constitute legal advice, which cannot be given without consideration of your individual circumstances.]
On February 9, 2021, Alison McEwen will be speaking as part of the Lancaster House’s program “Understanding and Implementing Bill C-65”. Alison will be discussing the changes to workplace violence and harassment laws in federal workplaces, including the new obligations on employers, the impact on unions, and the supports available for employees affected by violence or harassment.
For more information or to register, please see Lancaster House’s website.
On September 1, 2021, Dayna Steinfeld presented as part of the Manitoba Association of Newcomer Serving Organizations panel on COVID-19 issues in the workplace. Dayna presented on labour and employment law issues from the union and employee-side perspective.