In the case, Swampillai v. RSA and Sun Life
Assurance Company, 2018 ONSC 4023, the employer
provided for an LTD policy, where the employer, RSA, was the payor
and Sun Life was the administrator. The plaintiff was approved for
benefits under the own occupation clause, but was denied benefits
post two years under the any occupation change of definition. The
plaintiff commenced an appeal with Sun Life by providing additional
documentation. Sun Life nevertheless maintained its denial of
benefits.
Shortly after the termination of his benefits, the employer
fired the plaintiff. He did not have an employment lawyer and
negotiated his own severance from his employer. Contained in the
Release was a clause that the plaintiff was releasing the employer
from any future LTD benefits.
