Employer Liable for LTD Benefits

Refusal to provide ex employee with LTD forms makes employer liable for LTD benefits : In Fernandes v Peel Educational ( 2014 CarswellOnt 15891) the employer refused to provide the plaintiff with LTD application forms until into the litigation. As this was after the termination period under the ESA , the insurer denied coverage. The Ct found that but for this action, the Plaintiff would have received LTD from the insurer, thus the employer was now liable for the LTD amount of $2k/month for up to 9 years.

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