Mental illness and LTD benefits.

According to Health Canada, mental illness is the second leading cause of disability in Canada. In a 2008 article, the Institute of Health Economics reported that on any given week at least 500,000 employed Canadians are unable to work due to mental illness. Disability insurance claims involving mental illness make up nearly 40% of my practice. There are a number of unique challenges of applying for disability benefits involving mental illness. 1. The insurance industry sees your claim as a “problem”. Due to volume of disability benefits claims involving mental illness, the...

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Request for photos of plaintiff’s dancing dismissed.

On November 2, 2015, the BC Supreme Court dismissed a request for a plaintiff to produce various photographs. In Wilder v. Munro the plaintiff was injured in a 2010 collision and sued for damages.  In the course of the lawsuit ICBC reviewed the plaintiff’s social media accounts and obtained: “ten separate videos of the plaintiff dancing in rehearsals or shows in 2013, 2014 and 2015, photographs of the plaintiff performing dance moves, Facebook status posts discussing upcoming dance shows and auditions in 2011, photographs and posts about Ms. Wilder’s attendance at music festivals in...

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Manulife guilty of fraudulent concealment.

A judge of the Alberta Court of Queen’s Bench found The Manufacturers Life Insurance Company (“Manulife”) guilty of fraudulent concealment in Atchison v. Manufacturers Life Insurance Company. The trial judgment is found at: Atchison v Manulife, 2002 ABQB 1121. Ms. Atchison’s husband was covered by a group life insurance policy with Manulife. He applied and paid for “excess” life insurance, in addition to his group coverage. The excess policy was issued, with coverage effective one month prior to his death in a boating accident. Manulife paid the...

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“All actual instructions received by the expert” required by Rules.

On October 16, 2015, the Supreme Court of BC addressed the scope of expert instructions that need to be disclosed to make expert evidence admissible. In short the Court noted that a “paraphrased summary of instructions” was insufficient. In Pinch v. Hofstee, 2015 BCSC 1887, Mr. Justice Burnyeat noted that Rule 11-6(1)(c) requires the following: [1] The parties presented a number of expert reports. While some of the expert reports attached the instructions that were provided to the expert by counsel, some of the expert reports merely provided a paraphrased summary of instructions. [2] Rule...

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Settlement documents from previous claim need not be produced.

On October 15, 2015, the BC Supreme Court addressed a request to produce documents relating to the settlement of a previous personal injury claim in the prosecution of a subsequent claim. In Gamble v. Brown, 2015 BCSC 1873, the plaintiff was injured in a 2009 collision, brought a claim for damages and ultimately settled. She was then injured in a 2011 collision. In the current lawsuit the defendant requested broad production of the previous file information including “any mediation brief, settlement letter, file memo, communication or similar document”.  The plaintiff agreed to produce...

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