Disability Insurance Claims

Process

Our technical approach to disability claims begins with a forensic review of the client's employment file, insurance policy, and all medical documentation. We build a compelling narrative that connects the disability to the policy's definition of total disability, often citing relevant provincial employment standards and the Insurance Act. Our team, including legal assistants and consulting physicians, prepares detailed submissions, adhering to strict procedural deadlines—insurer responses are typically required within 30-60 days of a denial. We leverage precedent from the Supreme Court of Canada, such as the principles established in *Fidler v. Sun Life*, which recognizes compensation for mental distress in bad faith claim handling. For complex cases involving permanent impairment, we guide clients through the process for a Long-Term Disability Claims appeal.

At a Glance

Local Considerations — Canada

Disability claim law in Canada intersects with federal and provincial jurisdictions. CPP Disability is a federal program, while most employer-sponsored long-term and short-term disability claims are governed by provincial insurance and employment law, creating variance from Ontario to British Columbia. Major economic hubs like Toronto, Calgary, and Vancouver see high volumes of claims in sectors like finance, tech, and resources, where policies often contain complex own-occupation clauses. Our national practice is structured to navigate these regional legal landscapes, ensuring advocacy is tailored to the specific courts and common law precedents in the claimant's province. We provide localized support for issues like a Denied Disability Claim in Ontario's financial sector or Alberta's energy industry.