Long-Term Disability Claims

Process

Our technical procedure begins with a forensic review of your insurance policy, employment contract, and all medical documentation to identify contractual breaches or bad faith conduct by the insurer. We leverage provincial insurance acts and common law precedents to build a compelling case, often involving independent medical assessments to counter insurer-hired experts. A key data point in litigation is demonstrating the claimant meets the policy's definition of total disability, which often requires showing an 80-100% loss of capacity to perform their own occupation. We systematically prepare for litigation or negotiation, ensuring every procedural step, from filing a statement of claim to navigating discoveries, adheres to strict court deadlines. For claims involving federal programs, our approach includes a detailed analysis for a Denied Disability Claim under the Canada Pension Plan.

At a Glance

Local Considerations — Canada

Long-term disability law practice varies significantly across Canada's provinces and territories, each with its own insurance statutes and court procedures. In Ontario, the *Insurance Act* and common law define bad faith, while in British Columbia, the *Employment Standards Act* may intersect with disability claims. The economic drivers in tech hubs like Toronto and Vancouver often involve claims related to mental stress and repetitive strain injuries in professional settings, whereas in resource-based provinces, claims frequently stem from acute physical injuries. Our national practice is adapted to these regional legal landscapes and the specific profiles of local administrative tribunals and courts. Understanding these nuances is critical, as highlighted in resources covering Disability Insurance Claims in major centres.