COVID-19 and Filing for Long-Term Disability: Is it Possible?

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. Elimination Period The first factor... Read More

Is Your Non-Competition Clause Enforceable? New Insights from the Ontario Superior Court

When presented with a contract related to work, whether as an independent contractor, dependant contractor, or employee, it is vital that you closely examine the terms of the proposed agreement. Proposed contracts may contain non-competition clauses that limit your capacity to participate in rival business ventures, sometimes long after the contractual relationship has ended.  In most industries, an overly burdensome non-competition clause will severely limit the employee/contractor’s ability to perform... Read More

Callow v Zollinger and Good Faith Obligations in Employment Law

In a recent contract case, Callow v Zollinger, 2020 SCC 45, the Supreme Court confirmed that damages can flow from a contractual breach of good faith when one party knowingly misleads the other. Good faith between parties is an unwritten obligation found in contracts. The exact nature of that obligation may vary some, depending on the type of contract.  Now, the Court has clarified the legal obligation to perform a... Read More

How to Submit a Long-Term Disability Claim

A long-term disability (LTD) claim is essential for those unable to work due to a debilitating medical condition or injury. If you cannot work because of a medical condition or injury, it may be possible to secure LTD benefits. Today, let’s examine how to submit a long-term disability claim in more detail. In addition, we’ll cover what happens if you are denied including next steps. Make the Most of the... Read More

Sean McGee Inducted as Fellow of College of Labour and Employment Lawyers

On November 14, 2020, Sean McGee was inducted as a Fellow of the College of Labour and Employment Lawyers. The College was founded in the United States. It is an organization that promotes achievement, advancement and excellence in the practice of labour and employment law, as well as working to establish leadership, high standards of professionalism, and civility among labour and employment lawyers. The College has fellows in the United... Read More

RavenLaw Hosts Fall Long-Term Disability Conference

On September 24, 2020, RavenLaw hosted its fall LTD conference via video conference. The conference focused on long-term disability claims in the context of post-concussion syndrome and brain injuries. The conference was attended by many union representatives of several federal public sector unions and by non-unionized employees. A neurological physiotherapist, Amaal Mirani of Lifemark Physiotherapy, provided a medical view on the fundamentals of concussions and post-concussion syndrome, their effects on... Read More

Bargaining in a COVID Economy. Get Informed – It’s Your Right

For unions, another round of negotiations has often meant getting back into a familiar pattern: deliver notice to bargain, prepare proposals, have a series of sometimes constructive, sometimes frustrating discussions across the bargaining table, perhaps resort to strike or face a lockout, then arrive at a collective agreement. We are living in a different world.  Do not assume same-old is the same old. A union may have a right to... Read More

Supreme Court Finds RCMP Pension Scheme Discriminates Against Women

On October 16, 2020, the Supreme Court of Canada upheld a Charter challenge to portions of the RCMP pension plan, which had been applied to prevent employees from buying back periods of service during which they had temporarily reduced hours of work for childcare reasons. In its decision, the majority of the Supreme Court concluded that the pension law had a disproportionate, negative impact on women due to their sex. Particularly,... Read More

Sean McGee Speaks at Human Rights and Labour Conference

On October 20-21, 2020, Sean McGee presented as part of Lancaster House’s annual Ottawa Human Rights and Labour Law Conference. Sean presented as part of the panel “2020 Vision – Key Precedents from an Unprecedented Year,” which reviewed recent, important labour and human rights decisions. Read More

Morgan Rowe Presents on Employers’ Duty to Address Workplace Stress

On October 20, 2020, Morgan Rowe presented as part of a professional learning program presented jointly by Lancaster House and the University of Toronto. The multi-day program addressed managing and promoting mental health in the workplace. Morgan spoke as part of a panel on employers’ legal obligations to address workplace stress and other workplace mental health issues. Read More