Federal Court of Appeal Raises Questions about Reprisal Tribunal Decision

In 2017, the Public Servants Disclosure Protection Tribunal rendered its first decision on the merits of a reprisal complaint under the Public Servants Disclosure Protection Act. As the first decision on the merits, a number of critical issues of legal principle were raised by the parties. Ultimately, the Tribunal ruled on several of these issues, a ruling which had significant implications for future Tribunal cases. In particular, the Tribunal concluded:... Read More

Where should unionized employees appeal their Long Term Disability (LTD) benefits claim?

The dreaded answer is:   “it depends…” Fortunately, the Ontario Court of Appeal in Barber v The Manufacturers Life Insurance Company  (Manulife Financial) (“Barber v Manulife”)[1]  has clarified whether to file a claim for long term disability benefits in the Ontario Superior Court or to proceed in arbitration. Firstly, one must determine whether the essential character of the dispute concerns LTD benefits.  If so, does the claim’s essential character arise from... Read More

RavenLaw Appears Before Supreme Court on Human Rights Challenge

On November 28, 2017, RavenLaw appeared before the Supreme Court of Canada to argue in support of a challenge under the Canadian Human Rights Act to discriminatory provisions of the Indian Act registration scheme. RavenLaw appeared on behalf of the intervener, the Public Service Alliance of Canada, one of 14 organizations that intervened to argue in favour of a broad and purposive approach to interpreting human rights laws. Particularly, PSAC... Read More

Can an Insurance Company deduct Dependent Children Canada Pension Plan Disability (CPPD) Benefits from Long-Term Disability (LTD) benefits?

Dependent Children benefits resulting from Canada Pension Plan Disability (“CPPD”) benefits may be deducted from the Long Term Disability (“LTD”) benefits.  Some insurance contracts will explicitly exclude CPP Dependent Children benefits from being deducted from LTD benefits while others will state that monthly LTD benefits are reduced by CPP disability benefits including the benefits dependent children. However, insurance contracts are not always as explicit. As such, an ambiguous clause could... Read More

Ravenlaw in association with Peggy Smith

Raven, Cameron, Ballantyne and Yazbeck LLP is pleased to announce its association with Peggy Smith LLP.  Peggy has been serving union and individual clients in the Kingston area for more than 30 years in the fields of labour, employment and human rights.  Together, we look forward to serving unions and individuals in the Kingston area.   Read More

Mental Distress and Punitive Damages in a Long Term Disability (LTD) Claim

[This article is for informational purposes only and does not constitute legal advice, which cannot be given without consideration of your individual circumstances.] In Godwin v Desjardins Financial Security Investments Inc.[1], the Supreme Court of British Columbia found that the Insurer breached its duty of good faith by failing to assess the plaintiff’s disability claims in a fair and balanced manner. Moreover, the Court awarded damages for mental distress in... Read More

Andrew Astritis Presents on Discipline and Accommodation

On December 8, 2017, Andrew Astritis presented to the Canadian Association of University Teachers’ Senior Grievance Officer Forum. Andrew’s presentation addressed the issue of Discipline and Accommodation, and the role of human rights analysis in assessing employee misconduct. Read More

Do employees of an unlicensed cannabis dispensary have any rights?

Ravenlaw gratefully acknowledges the contribution of this post by articling student Megan Fultz Cannabis is set to be legalized in Canada on October 17, 2018, but the Federal Government has continued to stress that, until that time, the law will be enforced. In the meantime, numerous marijuana dispensaries are operating, only a small portion of them legal and licensed by Health Canada. Workers at these unlicensed dispensaries have rightfully questioned... Read More

James Cameron Writes on Reducing Cost and Delay in LTD Cases

On January 12, 2018, James Cameron’s article on best practices for reducing costs and delay in long-term disability and disability insurance litigation was published in The Lawyers Daily. The article can be found (with subscription) on The Lawyers’ Daily website. Read More

RavenLaw to Host Kingston LTD Conference

On September 28, 2018, RavenLaw will be hosting a conference at the CUPE 1974 Union Hall (680 Innovation Drive in Kingston’s east end). The conference will focus on successfully assisting individuals and union members in their applications for long-term disability benefits. Featured speakers include highly experienced legal professionals; Dr. Finestone, a pain specialist; and Chantal Pullen, an Occupational Therapist. The conference is free to attend and will be followed in... Read More