By Tim Louis
Nearly four in ten long-term disability (LTD) claims in Canada are for mental health conditions — yet many are denied before they even begin. That figure comes from Sun Life, and it mirrors what I’ve seen in my own practice here in British Columbia.
For more than forty years, I’ve been helping people in BC fight for their LTD benefits. Over that time, I’ve met with clients in their homes, in hospital rooms, and across the table in our Vancouver office. I know the legal side inside out, but I also understand how difficult it is to translate the reality of living with a mental health condition into “acceptable” evidence for an insurance company.
By keeping consistent, thorough records from your doctors and counsellors, making sure they align with how your policy defines disability, and working with someone who has years of experience handling these appeals.
I often explain to clients that a mental health LTD claim is like building a bridge. One side is your lived experience. The other is the kind of proof an insurer will accept. My role is to help you construct that bridge so it’s strong enough to carry your story all the way across.
Across Canada, mental health is now the single largest driver of long-term disability claims. Sun Life’s data puts it at close to 40% of all LTD cases. The Mental Health Commission of Canada echoes that figure, pointing to a steady rise over the last decade.
In British Columbia, the picture is the same — whether you’re in Vancouver, Surrey, Burnaby, or Kelowna, the reality is that mental health conditions are taking more people out of the workforce than any other illness or injury. The list is long: depression, anxiety disorders, PTSD, bipolar disorder, chronic stress, burnout. While the symptoms vary, the result is often the same — the need for time away from work to recover, coupled with the challenge of getting benefits approved.
In my own work, I’ve seen the shift firsthand. Fifteen or twenty years ago, most LTD claims I handled involved physical injuries or illnesses. Now, it’s not unusual for my caseload to be half — or more — mental health related. That change hasn’t been matched by a change in insurer attitudes. Many still want the kind of evidence that fits a physical condition, not the more complex, often less visible nature of a mental health diagnosis.
If you or someone you know is facing this, it’s worth knowing your rights. The BC Human Rights Tribunal has clear guidance on mental health and disability protections. And if your condition falls into what’s sometimes called an invisible illness, I’ve written more about how these cases work in LTD for Invisible Illnesses in BC.
When I look at denied claims for mental health conditions in BC, the same patterns keep showing up. The language in the letters may vary, but the reasons are remarkably consistent:
Each of these hurdles is frustrating, but none of them is final. The key is to treat every denial reason as a puzzle with an answer — and to make sure the answer is supported by both your medical team and the law.
Winning a mental health LTD claim isn’t about flooding the insurer with paperwork. It’s about sending the right documents, in the right way, and making sure they tell a clear, consistent story.
Here’s a core documentation checklist that forms the backbone of a strong claim:
Insider tip: Insurers value steady, consistent treatment notes far more than generic “fit to work” letters. If your care provider updates their notes regularly, those records become one of your most persuasive tools.
Mental health conditions may not show up on an X-ray, but with the right documentation, you can build an evidence base that’s every bit as strong as for a physical injury.
Q: What documents do I need for a mental health LTD claim in BC?
A: Reports from your mental health specialists, functional assessments, a detailed symptom journal, and statements from your workplace — all kept consistent over time.
A denial letter can knock the wind out of you, but it doesn’t have to be the end of your claim. In BC, you have the right to challenge that decision — and in many cases, a strong appeal can turn things around.
Here’s the step-by-step approach I recommend:
A denial is not the end — it’s the insurer’s opening move.
Q: Can you appeal a mental health LTD denial in BC?
A: Yes. With the right evidence and legal strategy, many denied claims can be overturned through an appeal.
When it comes to mental health LTD claims, the right legal support can make the difference between a flat denial and a fair outcome. Over more than four decades of practice, I’ve worked on hundreds of disability cases across Metro Vancouver and throughout BC. Each one is different — but the patterns in how insurers handle mental health claims are easy to spot when you’ve been at this long enough.
A client came to me after being denied LTD for depression. The insurer claimed there wasn’t enough “objective” evidence. We gathered updated reports from their psychiatrist, detailed treatment notes from their counsellor, and a functional capacity evaluation. We also addressed gaps in their therapy record by explaining the legitimate reasons behind them. Within three months of submitting the appeal, the insurer reversed their decision and approved full benefits.
The truth is, insurers aren’t always wrong — but they are always thorough, and you need to be just as thorough in return. That’s where an experienced lawyer adds value: knowing what evidence to prioritize, how to present it, and when to push back.
Contact Tim Louis for a free, no-obligation consultation to discuss your mental health LTD claim. With the right plan, your case can move from uncertainty to resolution.
If you’re dealing with a mental health LTD claim — or thinking about filing one — you don’t have to figure it out alone. The right information and a clear plan can make the process less overwhelming and far more effective.
📞 Phone: (604) 732-7678
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Serving clients across Metro Vancouver and all of BC, we’re here to make sure your voice — and your evidence — is impossible to ignore.
“Tim Louis is not only an outstanding lawyer, but a compassionate and understanding human being. He handled my disability claim with expertise and empathy, and I felt supported every step of the way.” — R.M., Vancouver
“Tim and his team went above and beyond to ensure my LTD benefits were approved. They treated me like a person, not a case number, and I’ll always be grateful.” — J.L., Surrey
Denied LTD in BC? Here’s What Happens Next By Long-Term Disability Lawyer Tim Louis Being denied long-term disability can feel like losing your footing twice: once to illness, and again to disbelief. In British Columbia, you still have rights, and you still have time to act. When an insurer tells
Fired Without Cause in BC? Here’s What Happens Next By Vancouver Employment Lawyer Tim Louis Losing your job can feel like the ground dropped out from under you. In British Columbia, the law gives you real protections and time to breathe before you sign anything. You may be shocked, confused,
by Tim Louis
In 2025, BC updated employment laws that reclassify many gig workers as employees, giving them access to psychological safety and harassment protections.
If you drive for Uber, deliver for DoorDash, or pick up jobs on Upwork, you already know gig work can be a mixed bag. The freedom to set your own schedule is great, but it often comes with the trade-off of no job security, no benefits, and no protection if something goes wrong — whether that’s a rude customer, an unfair suspension, or the stress of constant deadlines.
That’s why BC’s 2025 employment law changes things. For the first time, many gig workers in Vancouver and across the Lower Mainland are now recognized as employees. That shift opens the door to workplace protections most full-time workers take for granted — including the right to a safe and respectful environment, both physically and mentally.
For gig platforms, this isn’t just a legal technicality. It’s a change that carries real obligations. They now have to meet the same standards as other employers, including protecting worker mental health and preventing harassment.
Inin 2025, BC introduced new employment classification rules that give many gig workers employee status, unlocking access to benefits, job security, and workplace safety protections.
The new rules don’t just look at what your contract calls you. They examine the reality of your work: how much control the company has over your schedule, whether you can take jobs from competitors, and who provides the tools or equipment you use.
For many in the gig economy, this means a real shift. A Vancouver Uber driver, a Burnaby DoorDash courier, or a Surrey freelancer working through Upwork might now be classified as an employee — with rights and protections they never had before.
That change has teeth. It can mean:
For workers in Vancouver, Burnaby, Surrey, and Richmond, this is a chance to step out of the “grey zone” and into clearer, more secure employment status. For gig platforms, it’s a wake-up call that policies and practices need to match the law — now.
Psychological safety for gig workers in BC means having a workplace free from harassment, bullying, and mental harm — with legal protections now extending to many gig workers under the 2025 reclassification rules.
In BC, psychological safety isn’t optional — it’s written into the law. Under WorkSafeBC regulations, employers must actively work to prevent and address bullying and harassment, including behavior that causes psychological harm. The BC Human Rights Code also protects workers from discrimination and harassment tied to protected grounds like disability, race, gender, and sexual orientation.
For gig workers now classified as employees, these protections are real. They apply whether the problem comes from a supervisor, a fellow worker, or even a customer.
Think about:
In Vancouver, Burnaby, Surrey, and Richmond, gig platforms must now treat these scenarios as workplace issues — and fix them. That could mean removing a problem customer, reassigning work, or offering proper support.
If you’ve faced harassment, bullying, or mental health risks in the gig economy, you don’t have to deal with it alone. Tim Louis & Company can help you understand your rights, collect the evidence you need, and hold your employer accountable.
As of 2025, many gig workers in BC can file harassment complaints, and that protection extends to problems with managers, co-workers, and even customers.
If you’ve worked in the gig economy for any length of time, you’ve probably heard stories — or maybe experienced it yourself — where a customer crossed the line, a dispatcher treated someone unfairly, or a fellow worker made the job harder than it needed to be. Before this year, most gig workers had no real way to demand change. That’s different now.
With the 2025 reclassification rules, if you’re legally an employee, your platform has to follow BC’s harassment laws the same way any other employer would. This means they can’t just ignore a complaint. They have to take it seriously — investigate, act, and make sure the behavior stops.
The law covers harm from:
WorkSafeBC says every employer must have a written policy to prevent bullying and harassment, and that includes gig employers. In practice, that might mean banning a customer who’s been abusive, reassigning jobs, or retraining staff to handle situations better.
For workers in Vancouver, Burnaby, Surrey, and Richmond, this is a real shift. You don’t have to put up with mistreatment just because you’re “gig-based.”
If you’re dealing with harassment, even if it feels like a grey area, it’s worth talking to someone who knows the law. Tim Louis & Company can walk you through your rights, help collect the details you’ll need, and stand between you and a company that’s not listening.
Here’s the short answer for voice search: In BC, cases like Stewart v Elk Valley Coal Corp (2017) and Honda Canada v Keays (2008) show that employers — including gig platforms — can be held liable for harming a worker’s mental health or acting in bad faith.
Two landmark cases shed light on why psychological safety isn’t just a policy — it’s a legal obligation.
Stewart v Elk Valley Coal Corp (2017) dealt with an Alberta mine worker who was fired after disclosing a drug addiction only after a workplace accident. The Supreme Court of Canada upheld the employer’s decision, but the case drew attention to the duty to accommodate disabilities, including mental health conditions. For gig workers now classified as employees, this principle applies: if your mental health is affected by your job, your employer has a legal duty to consider accommodation before taking disciplinary action.
Honda Canada v Keays (2008) set another important precedent. The Supreme Court awarded damages for mental distress after finding that the employer acted in bad faith during a dismissal. The message was clear — employers who ignore their obligations or treat workers unfairly can face serious financial penalties.
For gig platforms operating in Vancouver, Burnaby, Surrey, and Richmond, these cases are a warning: reclassification brings legal accountability. If they fail to protect worker mental health, ignore harassment, or act in bad faith, they risk lawsuits, damage to their reputation, and significant payouts.
Tim Louis & Company uses cases like these to build strong arguments for workers’ rights. If you’re in the gig economy and have faced mental health harm, wrongful deactivation, or harassment, these precedents can be powerful tools in your corner.
As of 2025, many gig workers in BC who are reclassified as employees now qualify for federal termination notice protections.
In 2025, the federal government updated the Canada Labour Code to strengthen notice-of-termination requirements for federally regulated employees. The changes mean that employers must give more advance notice — or pay in lieu — when ending a worker’s employment. For reclassified gig workers, this represents a fundamental shift in job security.
Until now, most gig workers could be “deactivated” or dropped from a platform instantly, without warning, and with no financial cushion. Under the new rules, if your work falls under federal jurisdiction (for example, interprovincial transport or certain large-scale digital platforms), your employer must follow structured notice requirements. These start at two weeks and increase based on length of service, with additional severance pay for longer-term workers.
For gig workers in Vancouver, Burnaby, Surrey, and Richmond, this means platforms like rideshare companies, courier services, and other federally regulated employers can no longer treat termination as a casual decision. Ending a contract now comes with legal and financial consequences.
This reform doesn’t just give workers more time to plan their next step — it also forces platforms to think twice before cutting ties. The result is more stability in a job market that has long been built on uncertainty.
If you’ve been terminated from gig work without proper notice, Tim Louis & Company can review your case to determine if the new protections apply to you. In many cases, a simple policy review can reveal that you’re entitled to weeks of pay you never received.
In BC, gig workers should first confirm whether they’re now employees under the 2025 rules, keep a record of any harassment or unsafe conditions, and get legal advice before signing or quitting.
The 2025 reclassification doesn’t treat every gig worker the same. Some drivers, couriers, and freelancers now qualify as employees, with the right to benefits and protection from unsafe work. Others remain independent contractors. A lawyer familiar with BC’s new test can help you see exactly where you stand — before a dispute arises.
If something happens — a customer crosses the line, a manager makes unreasonable demands, or you face dangerous workloads — write it down while it’s fresh. Include dates, times, screenshots, and a short description of what occurred. This record can make all the difference if you need to prove your case.
When laws change, companies often update contracts or policies. Some of these changes are harmless. Others quietly limit your rights. A short consultation can reveal what’s at stake and whether you’re entitled to more than what’s being offered.
Local support: Tim Louis & Company has been helping workers in Vancouver, Burnaby, Surrey, Richmond, and across the Lower Mainland for decades. The team offers free first consultations and practical advice, so you know your rights before making a move.
BC gig workers can get help from local employment lawyers, WorkSafeBC’s bullying and harassment resources, and the BC Human Rights Tribunal.
If you’re unsure where to turn next, here are trusted starting points:
Local tip: If you’re dealing with harassment, unsafe workloads, or mental health risks in the gig economy, you don’t need to handle it alone. These resources can give you both the knowledge and the backup to take action.
Q: Are gig workers now considered employees in BC?
Yes — in 2025, BC updated its employment laws so that many gig workers, such as those driving for rideshare services or delivering food, are now reclassified as employees. This change gives them access to benefits, job protections, and psychological safety requirements under the law.
Q: What does “psychological safety” mean for gig workers?
Psychological safety refers to a workplace environment where workers feel safe from harassment, bullying, intimidation, or retaliation when speaking up about concerns. For BC gig workers, it now means platform companies must actively prevent and address harmful behaviours, including from customers.
Q: Can gig workers file harassment complaints in BC?
Yes. If you’re a reclassified gig worker, you can file harassment or bullying complaints through your employer’s policies, WorkSafeBC, or — if the harassment is based on a protected ground such as disability or race — the BC Human Rights Tribunal.
Q: Do gig workers get termination notice now?
Yes. Reclassified gig workers are entitled to the same notice or pay-in-lieu provisions as other employees, according to BC and federal labour laws.
Q: What should gig workers in BC do to protect their rights?
Q: Where can I get legal advice in Vancouver?
You can contact Tim Louis & Company, an employment law firm with decades of experience helping workers across Vancouver, Burnaby, Surrey, Richmond, and the North Shore. Free consultations are available.
“In 2025, BC reclassified many gig workers as employees, giving them new protections for mental health, harassment, and fair termination. If you work in Vancouver’s gig economy, you may now have the right to benefits, safer working conditions, and legal recourse if those rights are violated.”
The 2025 changes mean you’re no longer alone when facing unfair treatment. Whether you deliver food in Burnaby, drive passengers in Richmond, freelance in Surrey, or work on contract in Vancouver, you now have stronger protections under BC law. These laws don’t just exist on paper — they’re here to safeguard your well-being, your income, and your dignity.
At Tim Louis & Company, we’ve spent decades standing up for workers when powerful companies tried to take advantage. We understand the stress, the uncertainty, and the fear that can come with challenging an employer or platform. Our job is to replace that fear with clarity, confidence, and results.
If you suspect your rights have been violated, call us at (604) 732-7678 or visit timlouislaw.com/contact for a free, no-obligation consultation. You’ve worked hard to earn your place in the gig economy — now let’s make sure your rights are protected.
Denied LTD in BC? Here’s What Happens Next By Long-Term Disability Lawyer Tim Louis Being denied long-term disability can feel like losing your footing twice: once to illness, and again to disbelief. In British Columbia, you still have rights, and you still have time to act. When an insurer tells
Fired Without Cause in BC? Here’s What Happens Next By Vancouver Employment Lawyer Tim Louis Losing your job can feel like the ground dropped out from under you. In British Columbia, the law gives you real protections and time to breathe before you sign anything. You may be shocked, confused,
Wrongfully Dismissed? Harassed at Work? Don’t sign anything until you speak to us.
For over 40 years, Tim Louis has stood up for employees across Vancouver—helping them secure the severance, respect, and justice they deserve. Whether you’ve been unfairly fired, forced to resign, or mistreated on the job, you don’t have to face it alone.
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At the law firm of Tim Louis and Company, we are committed to helping people through difficult times. Starting with a free consultation, we help people who need it most to get the compensation they deserve. Our practice includes Long-Term Disability, Personal Injury, Employment Law and Estate Litigation. With over four decades of experience, Tim Louis has helped people across British Columbia get legal help when they need it most.
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