Employer appealed trial judge’s finding that employee on temporary leave was entitled to receive long-term disability (LTD) benefits for injury that occurred after employee’s leave commenced. Appeal Court found trial judge made palpable and overriding errors in her interpretation of eligibility requirements for LTD benefits and remitted matter back to trial judge or another judge of Superior Court to reconsider issue.

In Soave v. Stahle Construction Inc., 2023 ONCA 265, the Ontario Court of Appeal (OCA) allowed an employer’s appeal of the trial judge’s finding that an employee who was on a temporary leave at the time of an injury was entitled to receive long-term disability (LTD) benefits, which were included in the employer’s group benefits plan (GBP). The OCA remitted the matter back to the trial judge or another judge of the Superior Court to reconsider whether the employee qualified for LTD benefits.

Background

In 2013, the employee began his employment as a construction site supervisor for a general contractor in the construction industry. The employee’s employment contract required him to participate in the employer’s GBP, which was provided by Great West Life (GWL), administered by Mercon Benefits Services (Mercon), and included LTD benefits described in a booklet provided by Mercon (Mercon Booklet).

In 2014, the employee refused the employee’s offer to supervise a construction site stating that he needed hernia surgery. The employer completed a Record of...

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