![]() ![]() By the time she had built her working tolerance up to four days per week, she experienced a deterioration of her mental health. Kardaras participated in a gradual return to work program. While still within the own occupation period, Ms. Sun Life initially approved the claim on the basis that the claimant was disabled from her own occupation, which was the test of disability for the first two years under this policy. ![]() She was unable to work, and submitted a claim for short term disability and long term disability benefits. Kardaras suffered from mental illness, including depression and anxiety. This case is essential reading for long term disability lawyers, LTD claims handlers, and anyone with an interest in insurance law. She did not meet the more stringent “any occupation” test required for payment of long term disability benefits beyond two years. The claim is also noteworthy because the plaintiff was found to be “totally disabled” and met the “own occupation” test of disability, both defined terms in the policy, despite working three days per week. Sun Life Assurance Company of Canada, 2020 ONSC 392, is a recent long term disability trial decision where Sun Life was ordered to pay general damages for mental distress because it assessed the plaintiff’s claim in a manner that was not reasonable and balanced, contrary to the duty of good faith. ![]()
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