Knowledge Centre

Disability insurance – Disability must be established based on objective and subjective components – The opinion of the treating occupational therapist is preferred to the opinion of physician experts:

November 2015 Donati Maisonneuve, Quebec

Tremblay v. Sun Life du Canada, compagnie d’assurances, 2015 QCCA 1396

In order to determine whether a person is disabled as defined in a disability insurance contract entered into by his employer, the Court must consider not only the expert reports that objectively establish the person’s ability to work but also subjective components, such as suffering and medication side effects.