In a recent decision by Interest Arbitrator Jesse Kugler, CUPE 503 achieved a substantial win for its members working at Embassy West Senior Living.  Embassy West is contracted by the Government of Nunavut to provide long-term care services to its residents, notwithstanding that they have chosen to license themselves as a retirement home in Ontario.  Arbitrator Kaplan previously recognized that Embassy West functions as a long-term care home in Embassy West Senior Living v CUPE, Local 503, 2019 CanLII 99518 (ON LA), but Embassy West was once again challenging this conclusion. CUPE 503 successfully argued that Embassy West continues to provide long-term care level services to its residents, particularly elderly residents from Nunavut, and therefore the appropriate comparators remain other higher paid unionized long-term care homes, and the Board agreed, stating that, “Embassy West residents require continuous care that is largely delivered by licenced and certified nursing staff in a manner that is consistent with long-term care sector norms.”   

To maintain wage comparability with the long-term care sector, Arbitrator Kugler ordered that the personal support workers (PSWs) were entitled to a $3 market adjustment, equivalent to the Permanent Wage Enhancement received by other PSWs working in the long-term care sector, notwithstanding that Embassy West is not receiving Ontario long-term care funding.  In addition, Arbitrator Kugler ordered a $0.50 wage adjustment for RPNs, clinical nurses and housekeeping/laundry, and 3.5% wage increases for 2022, 2023, 2024 and 2025 as well as the introduction of the Nursing Homes and Related Industries Pension Plan, benefit improvements and increases to the shift and weekend premiums. 

A copy of the decision can be found here: Canadian Union of Public Employees and its Local 503 v Embassy West Senior Living, 2026 CanLII 32985 (ON LA).  Samantha Lamb was counsel to the Union.

The British Columbia Supreme Court has released a decision that is notable for a large award against insurer Desjardins for its improper handling of a Long Term Disability claim.

The plaintiff, Mr. Dennis Greig, suffered an injury in 2011 and a further injury in 2014. He applied for Long Term Disability Benefits. Desjardins, as insurance plan administrator, initially accepted his application for Long Term Disability Benefits. Mr. Greig later attempted to return to work in a rehabilitation program run by Desjardins but Mr. Greig struggled with the rehabilitation program and provided Desjardins with medical information setting out concerns with the program. Desjardins ignored this medical information and demanded that Mr. Greig return to work on a part-time basis, despite evidence that Mr. Greig’s medical symptoms remained as disabling as ever. Desjardins was also demanding continuous proof that he was still disabled at his own expense, even though they knew that he could no longer make his mortgage payments and was trying to sell his house. Facing these ongoing hardships, Mr. Greig provided medical information to Desjardins speaking to growing mental health issues. The Court found that Desjardins ignored this aspect of the claim.

Eventually, Desjardins terminated Mr. Greig’s entitlement to Long Term Disability. The Court, however, found that Desjardins did not have medical information that supported their decision to terminate his entitlement to benefits. Mr. Greig’s lawyers later submitted an internal appeal to Desjardins but the Court noted that Desjardins ignored the appeal and did not respond to any efforts to re-establish his entitlement to LTD.

Desjardins’ actions had awful consequences for Mr. Greig and his family. In the absence of Long Term Disability Benefits and as he continued to struggle with disability, he declared bankruptcy and was not able to maintain the family farm. Mr. Greig was eventually diagnosed with Depression and his family were even homeless for a six-week period.

Justice Young of the British Columbia Supreme Court found that Desjardins’ actions were in breach of the insurance policy and failed to meet the insurer’s obligation of good faith in administering a disability benefit policy. Beyond liability for the disability benefits themselves, the Court found that Desjardins was additionally liable to Mr. Greig in the amount of $50,000 in aggravated damages, and an additional $200,000 in punitive damages for the bad faith they had shown in administering the claim.

The Greig decision is a reminder that insurers have a great deal of power over people who need disability benefits, and are expected to use that power responsibly. If they fail to do so, Courts may take a hard line against insurance companies for their failure to properly administer disability claims and make them pay.

If you are concerned that your insurer is not handling your claim properly, Jewitt McLuckie & Associates’ LTD experts can fight to get you the benefits you worked for. You can schedule a consultation by calling 613-594-5100 – we will be happy to see how we can help.

Image credit: “Aspen Grove, British Columbia, Canada” by Krusty Da Clown via Flickr under public domain

One our clients unfortunately suffered severe injuries to both of his hands and could no longer work. He was denied access to Canada Pension Plan Disability Benefits, but Randy Slepchik at Jewitt McLuckie & Associates LLP helped him through the appeal process at the Social Security Tribunal. We presented a strong case that showed the extent of our client’s injuries and his lack of qualifications for other more sedentary jobs. Evidence from our client’s physiotherapist and family doctor, as well as an independent medical examination by a surgeon, showed that our client had reached maximal medical recovery and that he would live with his disability for the rest of his life. We successfully showed that our client made substantial and fair efforts to find alternative work, but that his disability was so severe and prolonged that alternative employment was not possible. The result was that our client was awarded his CPP Disability Benefits going back over three years to the time shortly after he was forced to leave work.

The lawyers at JM&A have extensive experience helping clients who have been denied CPP and long-term disability benefits. Contact us today so that we can support you through every step of the claims process.

October 2016 – Denial of Canada Pension Plan Disability Pension