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Archives for February 2018

By Matt Lalande, Lalande & Company Lawyers | 5 Minutes Read February 28, 2018

A primer total disability and psychiatric conditions

total disabilityGenerally speaking, claim liability, whether through an employment group policy or an individual policy, mandates that a claimant suffer a total disability. Contrary to what most HR departments often think, total disability in the context of disability insurance does not mean that an employee must be completely helpless and incapable of any activity. Rather, total disability has been established by our Courts to mean that an insured is incapable of engaging in all or at least some of the important duties of his or her job.

Most long-term disability insurance policies issued through work provide two definitions of “total disability”. Within the first two years of benefit payments, total disability is established when an employee is incapable of doing the important duties of his or her job, even though that employee could perform another occupation.

After 24 months of disability, there is typically what you call a “change in … Continue reading “A primer total disability and psychiatric conditions”

Article by Matt Lalande, Lalande & Company Lawyers / Employee Relations, Health and Safety, Human Rights, Payroll / Chronic mental illness claims, CPP disability benefits, disability insurance, employment group policy, employment law, independent medical evaluation, long-term disability insurance policies, long-term disability plans, Mental illness, psychiatric conditions, Psychiatric or psychotic disorders, total disability

By Norman D. Marks, CPA, CRMA | 2 Minutes Read February 28, 2018

Collaboration between the business risk and IT security teams

Take each of your business objectives and plans. Now, figure out what might result from a technology-related failure (noting that ‘technology’ extends beyond the IT function). Then, what are you going to do about it?

Article by Norman D. Marks, CPA, CRMA / Business, Information Technology, Privacy / Adopting written cybersecurity policies, business objectives, business risk and IT security teams, cyber risk, cybersecurity, IT, risk

By Occasional Contributors | 3 Minutes Read February 27, 2018

Time is of the essence: When late is no better than never

Time is of the essenceContracts for the purchase and sale of real property and other commercial contracts often contain a clause that says “time is of the essence” in respect of certain or all contractual obligations (a “Timing Clause”). Many parties sign contracts without given due consideration to the full impact of a Timing Clause or otherwise hold the belief that a Timing Clause is merely part of a standard form contract and would not be strictly applied.
Briefly put, a Timing Clause requires one or more parties to a contract to perform certain obligations by a specific date and time, failing which, the offending party(ies) will be considered to have materially breached the contract.
In the case of Gill v. Bal, 2017 BCSC 2015 (CanLII) the purchasers learned that there can be severe consequences for even the smallest of breaches of a Timing Clause.
In Gill v. Bal, the original purchaser … Continue reading “Time is of the essence: When late is no better than never”

Article by Occasional Contributors / Business, Finance and Accounting / breach of contract, contract for purchase and sale, contractual duties, Time is of the essence, timing clause

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