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Disability benefits

By Devan Marr | 3 Minutes Read February 20, 2020

When can LTD benefits frustrate an employment contract?

The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.

Article by Devan Marr / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll / Disability benefits, Dismissal, duty to accommodate, employment contract, employment law, frustration of employment contract, Long-term disability, short-term disability

By Sean Bawden | 9 Minutes Read September 16, 2019

Frustration of contract can be resolved by summary judgment – Does not require a trial

Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?

Article by Sean Bawden / Employee Relations, Health and Safety, Human Rights / Disability benefits, employment law, frustration of contract, Long-term disability, short-term disability, wrongful dismissal

By Stringer LLP | 4 Minutes Read August 29, 2018

Court disregards release where settlement “unconscionable”

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended.

Article by Stringer LLP / Employee Relations, Employment Standards, Health and Safety, Payroll / appealing LTD claim, best practices, Disability benefits, employment standards act, imbalance of bargaining power, Long-term disability, LTD, Ontario Superior Court, Swampillai v. Royal & Sun Alliance Insurance Company of Canada, test for unconscionability, vulnerable employee

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