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ARTICLE · 31 MARCH 2017

When Is An LTD Claim Not An Insurance Claim? When It's A Labour Dispute

Miller Thomson
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The Ontario Court of Appeal recently confirmed that a dispute about the termination of long-term disability ("LTD") benefits could not proceed by way of an action.

CanadaInsurance
Patricia Forte
Patricia Forte
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Overview

The Ontario Court of Appeal recently confirmed that a dispute about the termination of long-term disability ("LTD") benefits could not proceed by way of an action. The plaintiff's employment was subject to a Collective Agreement between the plaintiff's employer and her union. The Collective Agreement contained wording that was interpreted to grant exclusive jurisdiction over the dispute of a benefit entitlement to the labour arbitration grievance process involving the employer and the plaintiff through her union.

Barber v. Manufacturers Life Insurance Co.[1]

The plaintiff, Adrian Barber, became disabled from her employment as a police officer in 2009. The Collective Agreement governing Barber's employment required her employer, the Police Services Board, to offer disability insurance coverage to the members of the local police association. Barber applied for and received LTD benefits under a group Policy issued by Manulife. Barber's benefits were

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