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Readers may be aware that under some circumstances workers may be able to secure disability benefits from an employer. For some, securing those benefits is a challenge. For others, holding onto them once they are awarded is an issue. Recently, a Superior Court Justice ruled on a matter concerning the payment of disability benefits.

The case involved a teacher at a private school whose position was terminated after more than 10 years, at the age of 62. The school claimed the termination was for just cause because he allegedly falsified the marks of his students and lied about how he calculated them. Not long after he was fired, the man became disabled. Though the disability was deemed to have occurred during the period of recent notice, because the school dismissed him for cause, it discontinued his disability benefit coverage.

He then sued for wrongful dismissal and the value of the long-term disability benefits he lost. The court found in favor of the man and in lieu of notice, awarded him a one year salary for wrongful termination. In doing so, it pointed to the school's action of knowingly sending out the interim marks that were false. In addition, the court presumed that the man would have qualified for long-term disability benefits. Accordingly, it found the school liable for the value of those benefits.

The school succeeded in one respect. Because both the disability and employment incomes were to be paid by the former employer, the court found that despite the fact that the former employee paid insurance premiums, that individual could not receive both disability and employment incomes at the same time. Instead, once the wrongful dismissal payments ended, disability payments could begin.

When it comes to disability benefits, facts specific to the case are often very important in determining how the case will be resolved. Lawyers who work in this field know this and can help employees navigate the system.

Life Changing Results & Settlements*

$2
Million

Head Injury

Truck Accident

Settled without the need of a Trial /Tribunal hearing

$1.06
Million

Pedestrian Head Injury

Truck Accident

Settled without the need of a Trial

$1
Million

Elbow fracture

Car Accident

Settled without the need of a Trial

$1
Million

Psychological and Shoulder Injury

Car Accident

Settled without the need of a Trial

$1.3
Million

Psychological and Chronic Pain

Car Accident

Settled without the need of a Trial

$1.025
Million

Psychological and Knee Injury

Car Accident

Settled without the need of a Trial

$1.5
Million

Psychiatric and TBI

Car Accident

Settled without the need of a Trial

$1.43
Million

Femur Fracture

Car Accident

Settled without the need of a Trial

$500K

Long Term Disability

Age 55 Denied LTD

Settled without the need of a Trial

$1.8
Million

Fatality Accident

Car Accident

Settled without the need of a Trial

250K

Psychological/Depression

LTD

Settled without the need of a Trial

725K

Soft tissues & psychological injury

Car Accident

Settled without the need of a Trial

Life Changing Results & Settlements*

$2
Million

Head Injury

Truck Accident

Settled without the need of a Trial /Tribunal hearing

$1.06
Million

Pedestrian Head Injury

Truck Accident

Settled without the need of a Trial

$1
Million

Elbow fracture

Car Accident

Settled without the need of a Trial

$1
Million

Psychological and Shoulder Injury

Car Accident

Settled without the need of a Trial

$1.3
Million

Psychological and Chronic Pain

Car Accident

Settled without the need of a Trial

$1.025
Million

Psychological and Knee Injury

Car Accident

Settled without the need of a Trial

$1.5
Million

Psychiatric and TBI

Car Accident

Settled without the need of a Trial

$1.43
Million

Femur Fracture

Car Accident

Settled without the need of a Trial

$500K

Long Term Disability

Age 55 Denied LTD

Settled without the need of a Trial

$1.8
Million

Fatality Accident

Car Accident

Settled without the need of a Trial

250K

Psychological/Depression

LTD

Settled without the need of a Trial

725K

Soft tissues & psychological injury

Car Accident

Settled without the need of a Trial

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Meet Our Attorneys

Muhammad M. Alam

Muhammad M. Alam

Founder & Managing Barrister

Muhammad M. Alam is a Barrister-at-Law of Osgoode Hall in Toronto and he is the Founder and Managing Barrister of Alam Law Firm. Muhammad is passionate of ADR in litigations. He holds designation of a “Qualified Mediator” as well as a “Qualified Arbitrator” and a member of ADR Institute of Canada and ADR Institute of Ontario.

M. Aftab Alam

M. Aftab Alam

Managing Barrister

M. Aftab Alam holds a Bachelors of Engineering in Industrial and Manufacturing Engineering, a Masters in Mechanical Engineering from Ryerson University, a Bachelors in law , LL.B, and a Masters in law, LL.M from Osgoode Hall Law School.

Laurencia Fasoyiro

Laurencia Fasoyiro

Senior Lawyer

Laurencia Fasoyiro is a Barrister and Solicitor with Alam Law Firm, PC. She has over 15 years of combined experience practicing law in Texas U.S.A and Ontario, Canada. She is a member of the law society of Upper Canada and a member of the State Bar of Texas.

Laurencia Fasoyiro

Naina Tandon

Associate

Naina Tandon obtained her Bachelor of Arts (Political Science) and Law Degree from the University of Delhi in 1985 and 1988, respectively. Upon being called to the bar in 1988, she practiced law in New Delhi, India, with a reputable law firm, C..R. Dua & Associates, for several years before relocating to Canada.

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