Milton Disability Lawyers

If you have had your disability claim wrongfully denied, don’t give up. At Kotak Law, we specialize in winning long term disability benefits for clients who have been denied benefits by their insurer.

Unfortunately, many individuals in Milton are denied long term disability benefits every year. Some give up on ever seeing the benefits they are owed.

Others consult a disability lawyer, to fight for their rights and earn the disability benefits that they deserve. Call us today or fill out our free online assessment. You only stand to gain from taking charge of your disability claim.

Milton Disability Cases in the News


Long-term disability plans commonly require a claimant to be ‘totally disabled’ before the person is eligible to receive long-term disability (LTD) benefits under their plan. In the first two years after becoming disabled, a person must show that their disability prevents them from performing their current job. After two years and potentially, until retirement age (65), the person’s disability must preclude them from performing any job for which they are reasonably qualified, based on their education, experience or training

But what does ‘totally disabled’ mean? The Supreme Court of Canada made a ruling on this question in the leading case, Paul Revere Life Insurance Co. v. Sucharov (1983). In this trial, the insurer appealed an earlier finding by the Manitoba Court of Appeal, which decided that a man who was claiming LTD benefits was entitled to recover for total disability, not simply for partial disability, under his insurance plan. The Supreme Court was tasked with determining whether the lower courts applied the correct legal test to differentiate between total and partial disability.

In this case, the claimant’s insurance policy defined ‘total disability’ to mean:

“that, as a result of such injury or sickness, the Insured is completely unable to engage in his regular occupation; however, after Monthly Indemnity has been payable hereunder during any continuous period of disability to the Insured’s fifty fifth birthday or for a period of sixty months, whichever is the longer, then during the remainder, if any, of the period for which Monthly Indemnity is payable, “total disability” shall mean complete inability of the Insured as a result of such injury or sickness to engage in any gainful occupation for which he is reasonably fitted by education, training or experience, giving… consideration to his economic status at the beginning of disability.”

Partial disability, under the insurance policy meant:

“…the inability of the Insured to perform the regular daily duties of his occupation at least one-half of the time usually required in that occupation or the inability to perform one or more of the important regular duties of his occupation.”

The trial judge stated that the law is quite clear with respect to total disability provisions in insurance policies – specifically, a plaintiff must show that they are totally unable to perform the duties covered by their given insurance policy which, it must be noted, may differ from the provisions set out in other insurance policies. In the case of Paul Revere Life Insurance Co., in order to be entitled to receive LTD benefits, the plaintiff was obligated to prove that he was suffering from a continuous disability which required regular care from a physician and “caused him to be totally disabled and completely unable to engage in his regular occupation”, as the owner-manager of an insurance brokerage business. However, the trial judge noted that ‘total disability’ in the later period of disability did not require that the claimant is so disabled that they cannot work in any gainful occupation; rather, the policy states that the claimant is entitled to benefits if he proves that he is “not able to pursue any other similar gainful employment”.

The Court of Appeal upheld the trial judge’s finding and asserted that the key issue was whether, based on all the evidence provided, the insured is entirely unable to engage in his occupation as owner-manager of the insurance brokerage business. Justice Hall, speaking for the Court of Appeal, found that the trial judge made no legal or factual errors in assessing the scope of the claimant’s coverage.

The insurer’s main argument was that the insured is not totally disabled because his disability did not entirely prevent him from engaging in his occupation — he was able to perform some aspects of his job, including selling insurance, bookkeeping and making phone calls.

Justice Hall disagreed with the insurer’s argument, noting that a reasonable interpretation of the insurance contract is that the insured is eligible for coverage if they are completely unable to engage in their regular occupation, and in this instance, although the insured was able to carry out some of the aspects in the running of his business, the essential point is that “he was completely unable to perform the whole of his regular occupation”. Justice Hall pointed to undisputed medical evidence that showed that, when attempting to function as owner-manager, the insured suffered attacks of nervousness and stress that bordered on hysteria. The judge concluded that the insured is totally disabled from performing his occupation when he cannot perform substantially all of the duties of that job.

The Appeal Court referenced Couch on Insurance (1983), where it was stated that the question of toal disability is satisfied when the situation is such that a reasonable man would conclude that they should not engage in a particular activity even when they are not necessarily physically unable to perform the activity. This means that an insured individual may be considered totally disabled, as defined under an insurance policy, when their disability is such that prudence and care requires that they cease working in their occupation in order to facilitate their own recovery or to prolong their life.

Justice Hall rejected the insurer’s reliance on the decision in Harding v. Prudential Insurance Co. of America (1940) where, in that case, total and permanent disability required that the insured is wholly, continuously and permanently unable to perform any type of employment for any compensation, for the rest of his life. The judge found that the insurance provisions in Harding were different and thus, not relevant to the current case, which is more favourable to the insured.

The Supreme Court upheld the Court of Appeal’s arguments and ruling, and the insurer’s appeal was dismissed.

Today, the commonly accepted conditions of long-term disability contracts require that, in the first two years of becoming disabled, the insured is eligible for LTD coverage if they are unable to perform ‘substantially all’ of the duties of their current occupation. This is generally interpreted to mean that the insured is totally disabled if they cannot perform all the essential tasks of their job. After two years, the requirements demand an inability on the part of the insured, to perform the essential tasks of any occupation, for which they may be reasonably suited.

If you were denied long-term disability by your insurer on the basis that they found you are not totally disabled or for any other reason, call Kotak Personal Injury Law. At Kotak Law, we specialize in representing Milton clients in disability claim disputes against insurance companies, and our lawyers offer the expertise and legal knowledge necessary for resolving your claim favourably.

Disclaimer: This article is intended to supply general information to the public. We make every effort to ensure the accuracy of this information. However, as laws change quickly, the reader should always ensure the accuracy and applicability of such information with respect to their particular case. The information contained in this article cannot replace a thorough and complete review of the reader’s situation by competent legal counsel who has had an opportunity to review all of the facts.
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  • Everyone I dealt with at Kotak Law was friendly and professional. They were efficient and settled my case in a reasonable amount of time. My Lawyer Rajiv was the best, he kept me well informed and during the settlement mediation kept me calm and intructed me well. We reached the best settlement possible. Thank you Rajiv!!

    Rebecca Copland Avatar Rebecca Copland
    September 9, 2023

    I am grateful for the exceptional services provided by Kotak Law and his incredible team. From the moment I reached out to them, I knew I was in capable hands. Throughout my legal journey, Rajiv displayed an unmatched level of professionalism, dedication, and expertise. He not only fought tirelessly for my case but also took the time to ensure I understood every step of the process. His support and strategic approach were truly impressive. I must also give a special mention to Nainesh, whose support was invaluable. They always addressed my queries and concerns, offering reassurance during what could have been an overwhelming time. The entire team's commitment to my well-being and their compassionate approach made a world of difference. They kept me informed, provided regular updates, and worked diligently to secure a favorable outcome. Thanks to Kotak Law and his team. If you're seeking legal representation that goes above and beyond, look no further. I wholeheartedly recommend Kotak Law Firm for their exceptional services. Thank you again for your outstanding work!

    Umesh Jain Avatar Umesh Jain
    August 8, 2023

    Just a quick thank you to both Sergey Loganov and Klara Kotanovic for their efforts over the past few months in taking care of my CPP Disability denial and appeal process. Not only did they win the case but the retroactive lump sum owing went back 10 months earlier than what I thought it would and I will be receiving the maximum monthly payment. Dealing with chronic pain from 3 surgeries in the early 2000s on my neck and now finding out I have numerous bulging discs and spinal stenosis in my low back which creates nerve pain and kicking leg syndrome is a lot to deal with medically and it was a load off my mind to have a very competent group of players on my team to deal with CPP. Lowering stress levels and being able to afford to go and have more Bowen therapy on my low back means the world at this point. Pills are something I try to take as little of as possible and I am an advocate of the growing and use of cannabis and products for both stress levels and helping with nerve pain. It also cuts down the cost of expensive pain meds which can become addictive such as opiods. Thank you again everyone for your efforts and calm demeanor in this battle we call life. Two thumbs up.

    Greg Boydell Avatar Greg Boydell
    July 8, 2023
  • I would sincerely like to Thank Kaity Yang for representing me as a client. Kaity was excellent from start to finish. Kaity understood my struggles and fought for my rights. I would and will highly recommend Kaity Yang and Kotak Law. I would also like to Thank Louise Lloyd for all her help and professionalism. Through out the process Louise was also a tremendous help. Thank-You both so much.

    Chris Loughlean Avatar Chris Loughlean
    April 8, 2023

    An excellent experience. We had tried to do it by ourselves, following the insurance company’s rules and they simply kept declining the claim and running out the clock, causing no end of stress. We turned to Kotak Law and Rajiv and his team listened, understood and sympathized. They worked hard, kept communication open and delivered results. They took an overwhelming situation and walked us through…thank you.

    Mike Kirtz Avatar Mike Kirtz
    February 8, 2023

    Rajiv Hate is amazing! I contacted Kotak law after my employer fired me and I was on LTD. However, I did the mistake of going thr Ministry of labor and the severance I received was so low. Not only this but my employer had hired a lawyer and they had drafted the release form- I signed off on it not only releasing my employer but also affiliates etc. My employer was dishonest and last minute made an amendment which I didn’t see and I released the LTD provider as well and the provider was not even there and not part of the discussion. It was such a bad deal to release all my rights for so little money. I didn’t realize all this until after I contacted Kotak and Rajiv looked at my documents. Instead of giving up on me Rajiv went ahead and fought for me. It was a long wait and I thought I had lost and was giving up, but Rajiv kept persevering. He was skilled at the negotiation and when I was tired, he found the right words to speak on my behalf and understood me. My case was won by Rajiv and it takes amazing talent like his to win a lost battle! Hats off to Rajiv and his assistant Stefan Jakovljevic for a job well done and being there for me.

    Bi Avatar Bi
    November 8, 2022
  • After dealing with my insurance company with no results, I hired Kotak Law to advocate for me. Mr Rajiv Hate did an excellent job of listening to the issues and presenting them on my behalf. Without him, I would not have been able to reach an agreement with the insurer. Would definitely recommend.

    Kevin O Avatar Kevin O
    November 8, 2022

    My experience with Kotak Law Lawyers was simply amazing. Nainesh Kotak represented my case with great care and attention. The level of empathy and comfort provided meant the world to me. I truly felt Mr. Kotak and supporting staff made the difference between a very stressful experience to one that went smoothly with a positive outcome.

    carol grilli Avatar carol grilli
    September 22, 2022

    After dealing with my insurance company with no results, I hired Kotak Law to advocate for me. Mr Rajiv Hate did an excellent job of listening to the issues and presenting them on my behalf. Without him, I would not have been able to reach an agreement with the insurer. Would definitely recommend.

    Kevin O Avatar Kevin O
    August 29, 2022

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