Cases are built upon evidence. Lawyers will try to highlight certain pieces of evidence in order to better suit, or to create a narrative which suits their client’s best interests. It’s up to a Judge or a Jury to sift through the evidence in order to determine where the truth.…
On August 10, 2021 the Honourable Justice Grace ordered that “all civil jury trials scheduled to commence in London, Ontario during September, October, November and December 2021 and all civil jury trials scheduled to commence in London, Ontario during September and October 2021” are adjourned. There will be a special…
Most unionized employees have benefits through their employer. Those benefits have been negotiated by their unions as a perk of employment. They help make life inside and outside of the workplace that much better and add a layer of security and value to one’s employment. But if you asked a…
Our law firm receives a lot of calls from people who have been denied Life Insurance, Long Term Disability Insurance, Mortgage Insurance and Critical Illness claims. Some of these policies are group policies which are offered through an employer. Sometimes these are private policies which are purchased from an insurance…
Lots on people who are applying for Long Term Disability insurance benefits; or who are receiving Long Term Disability benefits want to know why their insurance company is asking (or demanding) that you apply for Canada Pension Plan Disability Benefits (CPP-D). What does one set of benefits have to do…
One of the most commonly asked questions of me, Brian Goldfinger, is: “Do I have a good case?” It’s generally hard to say whether or not a person has a strong case or not. But there are a few indicators as to the strengths, or weaknesses or one’s case. This…
Twitter has it that close to 4,000+/- Ontario lawyers tuned in to an on line professional development program called the Mental Health for Legal Professionals Summit That’s a lot of lawyers for one on-line conference; and there’s nothing wrong with that. In fact, there are a lot of positives to…
Long Term Disability claims are not claims for pain and suffering or general damage claims. They are claims for a defined monthly disability amount based on percentage of your pre-disability earnings and last for a pre determined period of time. Under most policies, that period of time is the age…
Long Term Disability cases are based in contract. Damages are awarded to the disabled plaintiff based on what is available to the disabled plaintiff under the contract. Damages for the most part are limited to what’s covered under the four corners of the insurance policy. Only in rare cases will…
Long Term Disability Claims are NOT claims for pain and suffering. Long Term Disability Claims are not based in negligence. Nobody from long term disability insurer ran you over with a truck or hit you with a baseball bat resulting in your disability. You had something completely unrelated to your…