In January 2016, the Supreme Court of British Columbia released
its decision in Feldstein v 364 Northern Development
Corporation, 2016 BCSC 108. The employee in that case suffered
from cystic fibrosis, a chronic, degenerative disease primarily
affecting the lungs, since the age of nine. The employee stated
that given his condition, he would not have accepted employment
unless it included sufficient and appropriate LTD benefits, i.e. a
benefit equivalent to a significant portion of his monthly salary
and which did not preclude pre-existing health conditions.
After two interviews, the employee then received an email offer
of employment. He responded by advising that he intended to
consider the offer, but required a copy of the benefits brochure
first. The benefits document included details of the LTD plan,
which provided for coverage of 66.67% of monthly earnings to a
maximum of $5,000. However, the benefits summary stated under the
heading "Proof of Good Health" that
