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ARTICLE · 08 FEBRUARY 2019

LTD Case Law Update - Winter 2019

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As set out in chapter 12 of Disability Insurance Law in Canada (Second Edition) 4 cases have held that a trial judge cannot make an award ...

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A) LUMP SUM OF FUTURE BENEFITS, DISCOUNT RATE

Brito v. Canac Kitchens

As set out in chapter 12 of Disability Insurance Law in Canada (Second Edition) 4 cases have held that a trial judge cannot make an award for a future lump out of LTD benefits: Cram v. Great West Life (1995 - B.C.), Warrington v. Great West Life (1995 - B.C.), Richardson v. Great West Life (1996 - Alberta), Anderson v. Great West Life (1998 - Ontario). Only Brito v. Canac Kitchens (2011 - Ontario), which will be discussed in some detail below, supports a judicial lump out of future LTD benefits.

While there is little authority to force a judicial lump out of future LTD benefits, LTD mediations most commonly resolve on the basis of a lump sum payment for past and future benefits.

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