First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Disability benefits

By | 3 Minutes Read

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.

By | 9 Minutes Read

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?

By | 4 Minutes Read

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.

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