Supreme Court of Canada has now confirmed Strype Injury Lawyers landmark Decision in MacIvor v. Manulife which will assist disability claimants all over Canada.
Manufacturers Life Insurance Company v. Lenard MacIvor
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. MacIvor sustained a serious back injury and brain injury during a work-sponsored trip in 2005 while covered under his employer Pitney Bowes’ group benefit policy with Manufacturers Life Insurance Company (“Manulife”). He was not aware of the permanent and disabling nature of his brain injury until after he resigned from his employment with Pitney Bowes in 2008. He then went to work for Samsung but continued to experience difficulties. Mr. MacIvor attempted to make a long term disability (“LTD”) claim through Samsung but was advised that he would have to make his claim through Pitney Bowes’ insurer, Manulife, as he was employed there when his injuries occurred. Mr. MacIvor’s claim was denied by Manulife in 2010. In 2011, he began an action at the Ontario Superior Court of Justice where he sought a declaration of entitlement to LTD benefits through Manulife. At the Ontario Superior Court, Pollak J. held that Mr. MacIvor was not qualified for benefits because at the time he made his claim he was not covered under the Manulife policy. The Ontario Court of Appeal allowed the appeal and set aside Pollak J.’s decision. It held that Mr. MacIvor was still entitled to coverage under the Manulife policy. In addition, the court granted relief from forfeiture to correct the untimely proof of claim and found that the claim was made within the proper limitation period.Date modified:2016-05-02