Date: April 11, 2019 12:30 pm Length: 1 Hour Where: Your Office! Cost: CDL Members $113 Non-Members $141.25 Accreditation: Approx .75 - 1 hours Substantive CPD
Speaker: Pat Forte, Miller Thomson LLP Chair: Devan Marr, Strigberger Brown Armstrong LLP
MacIvor v. Pitney Bowes: Ontario Court of Appeal provides no relief from uncertainty
In January 2019, the Supreme Court of Canada denied leave to appeal from the Ontario Court of
Appeal’s decision in MacIvor v. Pitney Bowes. This decision dealt with whether a long-term disability
policy held by the plaintiff’s former employer provided coverage despite his resignation two years previous. The action was initially dismissed with a finding of no coverage. On appeal, the Court found that policy wording terminating coverage only applied claims arising from future injuries and not past injuries. The injury in questions occurred 12 years previous while the employee was working for his former employer. Accordingly, the Court found the policy provided coverage. Despite not being raised by the plaintiff, the Court also granted relief from forfeiture from the plaintiff’s failure to provide timely proof of claim.
Participants of this audio-conference will walk away with an understanding of the new uncertainties brought by this decision and its impact on multiple areas of practice.
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