Category Archives: News

If you cannot work due to illness or injury, you may assume your long-term disability (“LTD”) insurance benefits will provide a secure source of income replacement to cover your financial obligations and also to provide peace of mind, allowing you to focus on your health instead of financial worries.

While this may be the understanding, disabled employees are often overwhelmed by daunting administrative hurdles when they attempt to access LTD benefits. They may also become discouraged when their disability claim is denied (See our article on “What to do if your LTD claim is denied”). The following are some key tips to navigating the claim for a long-term disability claim.

Keys to navigating your Long-Term Disability Claim:

1. Apply

Submit an application for benefits as soon as you and your doctor determine that you can no longer perform the essential duties of your job. Involve your treating professionals and have the discussion with them about whether or not your illness or condition is interfering with your ability to work.

2. Fill out the claim forms completely

You should request a copy of the benefits policy describing the details of your coverage and the application forms from your employer or the insurer. When completing the application, be sure that you do not overlook or choose not to answer questions on the forms. If something does not apply to your particular situation, note that on the form. Avoid creating the situation where an incomplete application causes significant delays. Double-check and answer all the questions in the application correctly.

3. Submit detailed medical support with your initial application

The insurance company only requires a short form called the Attending Physician’s Statement, to be filled out by your doctor as part of the application. However, the insurance company will most likely ask for more detailed medical information later on. If possible, expedite this process by submitting comprehensive reports from your medical specialists.

Ideally, a more detailed report should specifically address why you cannot work, especially if your health condition is also being affected by conditions such as depression, anxiety, chronic pain, PTSD or other invisible disabilities which do not show up on an x-ray. Speak to those involved in your treatment to describe how you are functionally limited by your symptoms, the treatment you are receiving, and whether you have cooperated with their treatment recommendations. The information should focus on your accommodation needs, such as how much time off of work you need, and whether you are able to perform the actual duties of your own or an alternative occupation.

4. Cooperate with the insurance company’s requests

Respond to your insurance company’s requests in a timely manner, within their specified deadlines. Carefully consider what medical and health information you agree to allow the insurer to share with your employer and others involved in your claim. The insurer does have an obligation to respect your privacy rights.

5. Stick with It.

The biggest mistake you can make is to abandon your long-term disability claim prematurely. The claims process can be difficult and the delays and complexities may lead you to want to abandon the process, particularly because this is happening when you are unwell and at your most vulnerable, making it a very difficult process to navigate successfully without assistance and guidance. Seeking legal advice and representation can help you to navigate this process, and ensure that you have help each step of the way.

We are here to help navigate the long-term disability claim process. Consult one of our experienced Long Term Disability lawyers at Raven, Cameron, Ballantyne and Yazbeck LLP if you are considering making a claim for disability benefits or if your disability claim for benefits has been denied.

[This article is for informational purposes only and does not constitute legal advice, which cannot be given without consideration of your individual circumstances.]

Federal Court Quashes Minister Ordered Forced Vote

On August 30, 2013, the Federal Court of Canada quashed an Order made by the Minister of Heritage, James Moore, and cancelled a forced vote on the Canada Border Services Agency’s (“CBSA”) employees in the Frontière/Border (“FB”) group.

The Minister’s Order was made following a request by Treasury Board President Tony Clement for a forced vote on the employer’s final offer, dated May 6, 2013. Minister Moore ordered the vote without consulting or giving notice to the Public Service Alliance of Canada (“PSAC”), the certified bargaining agent representing the 7 000 plus employees affected.

PSAC successfully judicially reviewed the decision before the Federal Court of Canada. In her decision, Justice Mary Gleason emphasized the importance of the vote on PSAC’s interests. Justice Gleason found that “it would be difficult to find a decision that might more deeply affect a trade union’s interests than the decision to order a vote among bargaining unit members” and concluded that PSAC was entitled to adequate notice of the employer’s request for a forced vote and a meaningful opportunity to respond to it.

Justice Gleason noted each side’s duty to engage in good faith collective bargaining and set aside the Minister’s order, without remitting the matter back to the Minister for reconsideration: “the decision of the Minister to order a vote among the employees in the FB bargaining unit on the Employer’s final offer will be set aside. And, since the decision directing the vote is being quashed, the activities currently being undertaken by the PSLRB to conduct that vote must cease as there is no longer any decision to authorize them.”

PSAC was represented by Andrew Raven and Wassim Garzouzi of Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l.

Read the PSAC’s press release.

Ravenlaw.com introduces new Resources section

As part of the new and exciting changes to our website, we are pleased to announce the introduction of the Resources section, which will include informative articles on topics in our areas of expertise, and Writing for Working People, our new blog. We hope that these new resources will provide our clients and the community with relevant and useful information about workers’ rights in all areas of labour, employment and human rights law.

The first group of articles is on the topic of Disability Benefits. Several of our lawyers have recently given informational sessions on long-term disability benefits and other related issues, including at the Maplesoft Centre and the Ottawa Fibromyalgia Support Group. We have now posted a group of articles, providing general information on these topics. Similar articles on other legal topics will be soon to follow.

We have also introduced a new blog, Writing for Working People. On this blog, we will be providing regular updates and commentary on issues that impact workers’ rights, including: recent court decisions, changes to labour and employment-related legislation, and other legal and political topics affecting unions and workers across the country.

Please check back regularly as we continue to update these new resources!

Pension Surplus: Supreme Court of Canada Hears Appeal Regarding the Removal of over $28 Billion in Surplus Amounts from the Public Service, RCMP and Canadian Forces Pension Accounts

Our firm recently presented arguments to the Supreme Court of Canada in a significant case involving the removal of the over $28 billion surplus that had built up in the federal Public Service, RCMP and Canadian Forces pension accounts.

Advancing arguments on behalf of the Public Service Alliance of Canada and a number of associations representing current and former members of the Armed Forces and the Royal Canadian Mounted Police, our firm maintained that employees had an equitable right to the significant portions of the surplus that were directly attributable to contributions by workers and that this right had not been extinguished by legislation passed in 2000. This is the first case to be heard by the Supreme Court with respect to the rights workers have to a surplus in a statutory pension plan.

PSAC and the above-noted associations were represented by Andrew Raven, James Cameron and Andrew Astritis of RCBY. The Court reserved judgment on the matter.

2010 Raven, Cameron, Ballantyne & Yazbeck Human Rights/Social Justice Intern Selected

The partners at Raven, Cameron, Ballantyne & Yazbeck are pleased to announce the selection of the successful candidate for the firm’s 2010 Human Rights/Social Justice Internship.

Raphaëlle Laframboise Carignan is a second-year law student in the Programme de droit canadien (LL.B. and LL.L.) at the University of Ottawa. Raphaëlle has had a varied interest in social justice or human rights initiatives, particularly through her work with the University of Ottawa Community Legal Clinic and with the Organization of American States (as an intern in their Cultural Program Department program with an MME). Among other things, Raphaëlle worked with the OAS to promote Latin American arts and also participated as an international electoral observer during the 2007 electoral process in Guatemala. Congratulations Raphaëlle!

Each year, our firm provides funding for a student from the Faculty of Law at the University of Ottawa to work full time over the summer as an intern in the areas of social justice and human rights. This is a program that we are very proud of, as it gives students excellent experience in these areas but also provides legal support to organizations that often are unable to afford this. This year, the host organizations which will benefit from the internship are the Canadian Artists’ Representation/le Front des artistes canadiens (CARFAC) and l’Association des enseignantes et des enseignants franco-ontariens (AEFO).

If your organization works in the areas of social justice and human rights, and you are interested in having an intern in the future, please contact David Yazbeck at 613-567-2901.

Ravenlaw-sponsored Folk Festival a Great Success!

Ravenlaw was proud to sponsor the 2012 Ottawa Folk Festival, continuing the ongoing relationship between the firm and this wonderful event. This year’s festival was a huge success, with many outstanding performances at the Ravenlaw stage and elsewhere. The festival also featured free activities for folk fans of all ages to come and experience the event, including workshops with many of the artists. We hope that everyone who attended had a great time!

For pictures and more: www.digitallounge.ca/event/folkfest-2012/

RCBY Represents CARFAC and RAAV before the CAPPRT

Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. is proud to represent the Canadian Artists Representation (CARFAC) and the Regroupement des artistes en arts visuels du Québec (RAAV) pro bono before the Canadian Artists and Producers Professional Relations Tribunal.

CARFAC and RAAV, which represent visual artists in Canada and Québec, have filed a complaint of bad faith bargaining against the National Gallery of Canada (NGC). The complaint was filed after the NGC refused to discuss minimum exhibition and reproduction fees for visual artists, following five years of ongoing negotiations. CARFAC and RAAV are seeking to ensure that Canadian visual artists receive minimum fees for the exhibition and reproduction of their works by the NGC.

The Complaint was heard initially on October 26-27, 2010, and the hearing is scheduled to resume at 8:30 on December 2-3, 2010 at the Competition Tribunal hearing room. David Yazbeck and Erin O’Hara are counsel. Argument is expected to start Friday morning.

Family Status: Fiona Ann Johnstone v A-G of Canada

Federal Court upholds Human Rights Tribunal – family status includes child care needs; employer to pay special compenstion – case argued by Andrew Raven and Andrew Astritis of RCBY T-1418-10

Tax System Undermines Pay Equity Settlement