Fawcett v. Sun Life Assurance Company of Canada
This page is a summary and commentary on a publicly available court decision, written for general informational and educational purposes only. It is not legal advice and does not create a lawyer-client relationship with Azimi Law, regardless of how specific or applicable it may seem to your situation.
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The Facts
Ms. Fawcett worked at a hospital for 17 years. In May 2018 she was approved for long-term disability benefits through her employee group plan, based on anxiety and depression tied to her workplace. Sun Life then asked her to take part in a graduated return to her old position at the hospital. She told her care providers and Sun Life that she planned to leave her job and explore other options. In mid-October 2018 the hospital said that her realistic choices were to resign or go back to her former duties, and she resigned that day. Sun Life ended her benefits at the end of that month, saying that she had not completed the return-to-work program. She sued Sun Life and the hospital; each defendant moved for summary judgment to dismiss the claim, and she brought her own motions against both.
What the Court Decided
The court denied Sun Life's motion. The judge found real questions for trial, including whether Sun Life was merely administering the policy or was pressing her to go back to a role that worsened her condition, and credibility issues that could not be resolved on paper. The ruling does not decide whether Sun Life acted wrongly; it only sends the claim to trial.
Does This Affect You?
- ✓Your long-term disability benefits were ended after an insurer asked you to return to your old workplace.
- ✓You are considering resigning while receiving disability benefits and want to know how that may be viewed.
- ✓An insurer has asked a court to end your claim without a trial.
Key Takeaways
- Summary judgment is not available where credibility and the insurer's conduct are in genuine dispute.
- Losing a summary judgment motion is not a final result; the claim still has to be proven at trial.
- How an insurer handles a return-to-work program can itself become an issue at trial.