You might be on stress leave right now, staring at your inbox while your heart pounds every time a message from HR appears. Maybe you open the email, read the first few lines, and feel your chest tighten. You want to be reliable. You want to “pull your weight.” But your body is reacting as if you are in danger every time work reaches out.
That does not mean you are weak.
It is not a character flaw if a toxic workplace makes you sick. Many people in British Columbia develop anxiety, depression, burnout, or physical symptoms after months or years in an unhealthy environment. You are not overreacting when your mind and body finally say they can’t take it any more. Feeling frozen, ashamed, or worried about money is a normal response to a very hard situation.
From the outside, it can look like “just a tough job.” In reality, what you are going through may be a legal problem, not a personal failure.
In BC, long term workplace stress and bullying can become:
When stress, bullying, disability and job security collide, everything can feel tangled together. You might be asking yourself if you should quit, sign a package, apply for LTD, or just try to push through. It is very hard to make clear decisions when you are exhausted and worried.
You do not have to sort this out on your own. Before you resign or sign anything, you can always book a free consultation to talk it through with Tim Louis and get advice that takes both workplace stress and disability into account.
In many cases, yes. In British Columbia, workplace stress can become a “real” disability in law when it causes an actual medical condition that limits your ability to work and live your life.
Under the BC Human Rights Code, disabilities are not limited to broken bones or visible injuries. Mental health conditions such as anxiety, depression, PTSD and diagnosed burnout are recognized as disabilities when they create real limits on what you can safely do at work.
There is an important difference between short bursts of pressure and ongoing illness. A rough week at work that leaves you tired for a few days is usually not enough. What the law looks for is persistent symptoms that are diagnosed or at least documented by a health professional. That might include panic attacks, insomnia, concentration problems, emotional exhaustion or physical symptoms that your doctor connects to stress at work.
Put simply, stress that makes you sick and unable to function is often more than a bad week. In legal language, it may be a disability that triggers your rights under human rights law, employment law and disability benefits.
Your employer cannot legally fire you because of your disability or because you took job protected medical leave. They also cannot treat termination as a shortcut instead of making a serious effort to accommodate your limitations, such as reduced hours, modified duties or a gradual return to work.
In some situations, an employer can end employment for genuine business reasons that are truly unrelated to your health. Even then, your rights to severance, reasonable notice and human rights protection still apply. The fact that you were off on stress leave or disability leave does not erase those rights.
If you are worried that a “restructure” or “not a good fit” explanation is really about your health, it is worth getting advice. Tim’s plain language guide “Fired Without Cause in BC?” works together with this article to explain how severance, human rights and workplace stress all connect.
In BC, mental health conditions that affect your ability to work are usually treated as disabilities under the Human Rights Code. That includes anxiety, depression, PTSD, and other conditions that your doctor connects to workplace stress.
When disability is in the picture, your employer has a legal duty to accommodate you to the point of undue hardship. That means more than saying “take a few days off” or “we all feel stressed.” It means looking at concrete changes that might let you keep working safely, such as:
Accommodation is not about creating a perfect job or ignoring safety rules. It is about taking your medical information seriously and working in good faith to find practical options. When an employer simply refuses to talk about stress, says they “do not believe in burnout,” or ignores clear medical limits, that can be discrimination in law, not just a personality clash.
In law, serious unwanted changes or a toxic environment can be treated as constructive dismissal. That means the employer has effectively fired you, even if they pretend you “chose” to leave. Constructive dismissal claims often sit beside human rights claims when stress and disability are involved.
The key point is that being on leave does not erase your rights to severance or fair treatment. If you feel pushed out, pressured to resign, or told to “take it or leave it,” it is usually worth speaking with a lawyer before you make any final move.
For many people, the financial lifeline during a toxic workplace crisis is long-term disability insurance. When stress, anxiety or depression makes it unsafe to keep working, LTD benefits may replace part of your income so you can focus on treatment and recovery.
Most policies use two stages:
Mental health conditions qualify for these tests as long as the evidence supports that you cannot reliably perform the work. That is why consistent medical notes, specialist reports and a clear timeline of what happened at work are so important.
LTD usually does not stop just because the employer ends your job. In many cases, benefits continue as long as you meet the policy test and cooperate with reasonable treatment and reporting. Problems arise when:
The way your employment ends can affect how the insurer views your claim, and the way your LTD file is handled can affect strategy for severance and human rights remedies.
Tim’s long-term disability resources work together with this topic:
When stress, bullying or a toxic job has damaged your health, you are not dealing with just one system. You are standing where human rights, employment law and disability benefits meet. Understanding that intersection is the first step in protecting yourself before you resign, accept a package or try to push through alone.
There is a difference between a busy season and a job that is slowly wearing you down. Many people first notice the impact of a toxic workplace in their body before they have words for it.
You may recognise yourself in some of these signs:
None of this means you are weak. It means your body and mind are doing what they are designed to do. They are sounding an alarm that something about your environment is no longer safe or sustainable.
Toxic workplaces do not always look dramatic from the outside. They often show up as a pattern of behaviour that wears you down over time.
Examples include:
Lawyers and tribunals sometimes call this a “poisoned work environment.” That is a technical phrase for a workplace that has become so hostile that it is no longer reasonable to expect a person to function there. When this kind of behaviour is tied to a health condition or a protected ground such as disability, race or gender, it can move from unpleasant to potentially discriminatory in law.
You do not have to wait until things explode. Writing down concrete examples as they happen can help you and your medical team see patterns that are easy to dismiss in the moment.
For many people, the turning point is a medical appointment that finally names what has been happening. A common path looks like this:
If that happens, you are not imagining things. A health professional is connecting your symptoms to your job and recommending time away so that your condition does not get worse.
From a legal and disability perspective, one practical step can make a big difference: ask your doctor to describe functional limits, not only the word “stress.” For example:
These kinds of notes help in several ways. They give your employer clear information for accommodation. They support human rights and constructive dismissal claims if the employer ignores them. They also strengthen long term disability and other benefits claims because they show how your condition affects real tasks, not just how you feel.
If you are already at the point where your doctor has written you off work, you are dealing with more than a rough patch at the office. You are in the territory where workplace stress and bullying may have become a health issue and, in BC law, potentially a disability. That is often the moment when a conversation with a lawyer who understands both employment law and long term disability can help you plan safe next steps.
In British Columbia, your employer is not allowed to fire you because you went on stress leave or because you have a diagnosed mental health condition. Stress leave is a form of medical leave. Disability, including many mental health conditions, is protected under the BC Human Rights Code.
That does not mean an employer can never end a job while you are away. In some situations a genuine business closure, reorganisation or layoff can still happen. Even then, they must handle termination fairly, which usually means proper notice or severance and an honest explanation of what is going on.
In real life, problem terminations often look like this:
When the timing and the facts suggest that your mental health or your leave played a major role in the decision, there may be both wrongful dismissal and human rights issues in play. The law looks at the real reason behind the dismissal, not just the wording in the letter.
Many people are never formally fired. Instead, they feel pushed to make the decision themselves.
It often starts with comments like:
Other times the pressure shows up after you return from stress leave:
In law, this kind of situation may be called constructive dismissal. That means the employer has changed your job or your treatment so much that it is as if they fired you, even if no one used the word “termination.” The focus is on what a reasonable person in your shoes would think.
A very important warning: resigning without advice can seriously weaken your position. A short resignation email, a text that says “I quit,” or signing a “voluntary separation” form can all be used later to argue that you chose to end the relationship. Before you resign for health reasons, talk to a lawyer about whether what has already happened may amount to a dismissal in everything but name.
Sometimes an employer writes to say that your employment is “frustrated.” The word sounds harsh, and it has a specific meaning in law. Frustration of contract is supposed to apply only when it has become truly impossible to continue the employment relationship because of a fundamental change that no one reasonably planned for.
In the context of disability and stress leave, decision makers look at:
An employer cannot simply point to the length of your leave and say “no severance because of frustration” without considering these factors. In many cases there are still arguments to be made about severance, human rights remedies or long term disability, especially where there were real opportunities to accommodate you earlier.
If you receive a frustration letter, it is worth having the situation reviewed before you accept that you have no further rights.
“We need your resignation”
One of the most common tactics in a toxic workplace is a push to make you resign so the employer does not have to formally terminate you.
If you receive this kind of request, a calm written response can protect you:
“Thank you for your message. I am currently following medical advice and remain on medical leave. I wish for my employment status to remain unchanged while I focus on treatment. I am not in a position to make any decisions about resignation at this time, and I will not be doing so without first obtaining legal advice.”
This kind of note confirms that you are still their employee, that you are following your doctor’s advice, and that you are not choosing to end the relationship.
“Sign this severance package by Friday”
Short deadlines are designed to make you panic. They are not a legal requirement.
You can respond with something like:
“I confirm that I have received the proposed severance package. I will need reasonable time to review it and to obtain independent legal advice before I can respond.”
Many severance packages include a broad release that quietly gives up human rights claims, long term disability claims, or other important rights. The fine print can matter just as much as the dollar figure on the front page. You do not have to sign anything important on a two or three day deadline.
“Return full time or we will treat this as job abandonment”
Employers are allowed to ask for medical information. They are not allowed to ignore it.
If you receive this kind of ultimatum, you can:
“I am enclosing updated medical information that sets out my current restrictions. I am not abandoning my job. I remain available for work that is consistent with these medical limits and for reasonable accommodation discussions.”
This makes it harder for an employer to later claim that you simply stopped showing up.
Sometimes the pressure is not loud. It shows up as silence.
You send medical notes and receive no response. You ask about gradual return options and no one answers. You feel as if your messages are going into a void.
In that situation:
If your case ever comes before a court, tribunal or insurer, that paper trail can speak for you. A record showing that you tried to cooperate and the employer refused to engage can support both human rights and constructive dismissal arguments.
Start by gathering everything into one place. That can include:
You do not have to sort or analyse anything yet. The goal is simply to make sure important pieces do not go missing.
Next, create a short timeline in point form. Include:
This does not have to be perfect. Even a basic timeline helps you, your doctor and your lawyer see the pattern more clearly.
In BC, quick signatures can close doors.
Resignation letters, “voluntary separation” forms and broad severance releases can all limit or erase:
One small decision made on a bad day can have long term effects. A protective rule is simple. Decide now that you will not resign or sign any important document about your job, your severance or your benefits until you have had legal advice.
Your situation sits at the overlap of several legal areas. Workplace stress is not just an employment law issue. It is also a human rights issue and, very often, a long term disability issue.
Tim Louis works in all of these areas, including related estate and trust questions that sometimes arise when long term disability and family finances are involved. That combined approach means your severance, human rights and LTD strategy can work together instead of pulling against each other.
If you are ready to talk through your options, you can contact Tim Louis & Company for a free consultation by phone, email or through the contact form. Services are available in English and Spanish.
Unfortunately, the law does not always wait until you feel better.
Different paths have different time limits, including:
You do not need to know every exact date on your own. You do need to reach out early enough that options are still open. Even a short initial conversation can help you understand which deadlines apply to you.
Workplace stress can be a disability in BC when it leads to a diagnosed mental health condition, such as anxiety, depression or PTSD, that limits your ability to work.
Your employer cannot legally fire you because you are on stress leave or because you have a disability, although they may sometimes end employment for genuine business reasons if they still respect your human rights and severance rights.
Constructive dismissal happens when your employer changes your job or treats you so badly that it is as if you were fired, even without a formal termination letter.
In many cases long-term disability benefits continue after employment ends, as long as you still meet the medical test in the policy and cooperate with reasonable treatment and reporting.
Resigning without advice is almost never a safe first step, because a quick resignation can weaken or wipe out severance, human rights and long-term disability claims.
It is worth getting legal advice as soon as your health, your job security and your benefits start to collide, especially before you resign, sign a severance package or agree to major changes at work.
If a toxic job has made you sick, that is not a personal failing. You did not cause this by needing time off, asking for accommodation or saying that you cannot keep pushing past your limits. You are allowed to take your health seriously and to ask for help.
Workplace stress cases sit where several systems meet. There is employment law, which covers termination, severance and constructive dismissal. There is human rights law, which protects disability and requires employers to accommodate to the point of undue hardship. There is long-term disability law, which focuses on income replacement when your health keeps you from working. Tim Louis works at this intersection every day.
For more than 40 years, Tim has helped people in BC who are dealing with stress leave, bullying, toxic management and long-term disability claims. Clients often say they value his plain-language explanations and the fact that he listens without judgment before giving practical advice.
If you would like to talk through your options, you can contact Tim Louis & Company for a free consultation. Call 604-732-7678, email timlouis@timlouislaw.com, or use the contact form on the website. Services are available in English and Spanish. A short conversation can give you a clearer picture of where you stand and what realistic next steps are open to you.
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
You might have been on sick leave, stress leave, long term disability, or another kind of medical leave when the email arrived or the meeting was called. Maybe you are still technically employed, but you feel constant pressure to come back before you are ready, or to “resign for health reasons.” Either way, it can feel like the ground underneath you has shifted all at once.
It is completely normal to be scared and angry. You may be worrying about how to pay the bills, whether your benefits or LTD will stop, and what you are supposed to tell your family. Many people in BC call me because they feel ashamed, as if being fired while on disability means they did something wrong. You did not cause this by getting sick or injured.
What often no one explains is that in British Columbia you still have rights, even if you were fired while on disability, pushed out on medical leave, or pressured during stress leave. Employment law, human rights law, and your long-term disability policy all continue to matter. There is usually more than one path forward, even if it feels overwhelming right now.
My goal in this guide is to slow everything down and walk you through your options, in plain language. You do not have to sort this out on your own. Tim Louis & Company offers a free consultation so you can talk through your situation with a lawyer who understands both employment law and LTD claims in BC.
The short answer is yes, you can sometimes be fired while on disability in BC, but not for just any reason. Your employer cannot legally fire you because of your disability or because you took job protected medical leave.
Three systems work together here. The BC Employment Standards Act gives you protected illness and injury leave and sets some minimum rules about termination and notice. The BC Human Rights Code says disability is a protected ground and requires employers to accommodate your medical limits to the point of undue hardship. On top of that, your long-term disability insurance and your employment contract create another layer of rights and obligations about income replacement and benefits.
When you are fired or pushed out while on disability, you are standing where all three of these systems meet. The rest of this article walks through how they fit together in real life and what practical steps you can take next.
When you are off work for health reasons, it can feel as if everything has blended into one problem. In reality, a few different systems are at play.
One piece is your medical leave from work. BC law gives many workers job protected illness and injury leave. Your employer may call it sick leave, disability leave or something else, but the basic idea is the same. You are off because of a medical condition, and you are not supposed to be punished for using that time.
Another piece is long term disability insurance. If you have LTD through your employer or a private policy, the insurer may pay a portion of your income while you cannot work. Being on LTD does not automatically end your job. It is common for people to remain employees on paper while they receive LTD benefits.
Layered over that is your actual employment relationship. Even when you are away, you still have rights around termination and severance. Factors like your age, length of service and type of work all matter when we look at whether you were treated fairly if the job ends.
These pieces overlap in important ways. Your employer still has a duty to accommodate your disability and to deal with you honestly while you are off. The insurer must follow the LTD policy and apply it in good faith. You continue to have rights under employment law and the BC Human Rights Code, even if you were fired while on LTD or during disability leave.
When people are scared and rushed, they are often pushed into decisions that quietly cut off severance, human rights remedies or future LTD payments. Understanding how these systems connect is the first step in protecting yourself before you resign, settle or sign anything.
In British Columbia, disability is protected under the BC Human Rights Code. That protection does not disappear just because you are off work. If you were fired while on disability, stress leave or medical leave, the key question is why the employer ended your job and what they did before they went that far.
An employer cannot legally fire you because you are sick, injured or using job protected medical leave. They also cannot treat termination as a shortcut instead of making a real effort to accommodate your limitations. If the real reason for the dismissal is your disability, or the employer simply did not want to deal with your restrictions, that can be discrimination.
There are situations where an employer can end employment while you are off. A genuine business closure, major restructuring, or elimination of a department may be allowed if the decision is truly unrelated to your health. Even then, they must handle the termination fairly and respect your rights to notice or severance.
The law expects employers to try reasonable accommodation before they give up on the relationship. That can include a gradual return to work, modified duties, shorter shifts, schedule changes, or moving certain tasks to other staff. Accommodation does not mean creating a perfect job or ignoring safety. It does mean taking your medical information seriously and exploring practical options instead of jumping straight to termination.
When an employer fires someone who is on disability leave without making those efforts, there may be grounds for a human rights claim as well as a wrongful dismissal claim. Even where a termination is allowed for business reasons, you may still be entitled to significant severance.
Not everyone gets a clear termination letter. Many people on disability tell me, “I was not technically fired, but I felt pushed out.” In law, that kind of situation can be called constructive dismissal. It means your employer has changed your job or the way they treat you so much that they have ended the relationship even if they never use the word “fired.”
For workers on disability or medical leave, being pushed out often looks like pressure that builds over time. You may be told it would be “best for everyone” if you resign for health reasons. You might receive an ultimatum: return to full time work by a certain date or your employer will treat you as having quit. Some people come back from stress leave or LTD to find they have been quietly demoted, had their hours cut, or lost long standing responsibilities. Others face coldness, sarcasm or open hostility once they try to return.
When you are exhausted and unwell, quitting can seem like the only way to make the pressure stop. That is exactly why resignation is so risky. If you sign a resignation letter or send an email saying you are leaving, you may weaken or lose your claim to severance. Your disability insurer may argue that you chose to end your own employment and that this affects your LTD benefits.
The important thing to remember is that the law looks at what actually happened, not just what label your employer uses. Serious unwanted changes, or a toxic environment that no reasonable person would tolerate, can be treated as a dismissal even if no one says the word. Quitting should almost never be your first step. Before you resign or agree that you “voluntarily” left, talk to a lawyer about whether what you are experiencing may already be constructive dismissal.
One of the scariest questions people ask me is, “If my job is gone, do I lose my long-term disability?” The honest answer is that it depends on your policy and your situation, but in many cases LTD does not stop just because employment ends.
If your LTD claim is already approved, the insurer usually keeps paying as long as you continue to meet the medical test in the policy and you cooperate with reasonable treatment and reporting. The benefit is tied to your disability, not to whether the employer keeps you on payroll forever. That said, every policy is written a little differently, so it is important to have someone look at the wording before you make big decisions.
If you are still applying, appealing, or fighting a denial, a termination can complicate things, but it does not automatically destroy your LTD claim. Insurers sometimes try to argue that if your job ended, you were not really disabled from it, or that you could work somewhere else. The timeline of symptoms, medical notes, leave and termination becomes very important.
When a job ends, many people also lose extended health and dental coverage that was attached to their group benefits plan. That loss can hurt just as much as the job itself, especially if you rely on expensive medications or therapy.
Be very careful with any severance package that asks you to sign a broad release of “all claims.” Without meaning to, you could give up your right to pursue LTD, human rights remedies or other important claims. Before you sign anything, get legal advice from someone who understands both employment law and long-term disability.
When you are on disability leave, pressure from your workplace can feel relentless. Here are some of the tactics people often face, and some practical ways to respond.
“We need your resignation so we can backfill your position.”
You do not have to resign to make life easier for your employer. A resignation can cut off severance and weaken other claims. You can reply that you are following medical advice, that you wish to keep your employment status unchanged for now, and that you will not be making a decision about resignation without legal advice.
“Sign this package by Friday or it will be withdrawn.”
Short deadlines are there to push you into signing before you understand the consequences. You can respond in writing that you have received the offer and will need time to review it with a lawyer. Reasonable employers accept that, and if they do not, it tells us a lot about how they operate.
“Your doctor must clear you for full duties right away or we will treat this as job abandonment.”
Your employer is entitled to basic medical information about your limits, but they are not entitled to ignore your doctor’s restrictions. Ask your doctor to provide clear functional limitations in writing and send those notes to your employer. Confirm by email that you are not abandoning your job and that you remain available for suitable, medically approved work.
Refusing to accept updated medical notes or ignoring your emails.
When you provide reasonable information and the employer refuses to engage, that can help your case later. Keep copies of everything you send and try to communicate in writing. If they ignore you, do not give up; keep a simple record of dates, messages and responses.
In all of these situations, try not to resign, do not sign complex documents without advice, and do not disappear. Staying calm, documenting what happens, and getting early legal guidance can make a major difference to the outcome.
When your job and your health collide, it is easy to feel frozen. A few concrete steps can protect your rights while you figure out what comes next.
Sometimes employers say, “Your employment is frustrated because you have been off too long.” It sounds harsh, and it is a real concept in law. Frustration of contract means the job has become impossible to continue because of a change no one reasonably planned for. In the disability context, it usually refers to a very serious, long-term condition that makes a return to work unlikely in the foreseeable future.
Whether frustration truly applies is a fact heavy question. Courts look at how long you have been off, what your medical team says about the future and, very importantly, what your employer did to try to accommodate you. A company that never explored modified duties or gradual return plans will have a much harder time relying on frustration.
Long term disability benefits are part of the picture. If your employment contract and benefit plan already contemplated that some workers would be off on LTD for extended periods, courts sometimes treat that as a sign that long absences were not completely unexpected.
The key message is simple. Even if your employer tells you the contract is “frustrated” and offers little or no severance, you should have the situation reviewed. In many cases there are still arguments about severance, human rights remedies or LTD that can make a real difference to your financial future.
Results in this area are not theoretical. BC courts and tribunals look at real workplaces, real illnesses and real decisions by employers.
In one type of case, a worker goes on stress leave after months of conflict. The employer makes little effort to understand the medical limits, rejects suggestions for gradual return and soon sends a termination letter that blames “fit” or “performance.” When the facts are laid out, decision makers may find that disability played a central role, leading to severance plus additional human rights damages for discrimination.
In another type of case, a worker has been on long term disability for years. Medical reports say there is no realistic prospect of returning to any work. The employer eventually ends the employment relationship, but LTD benefits continue because the worker still meets the policy test. The court looks closely at whether the contract was truly frustrated and whether any severance is still appropriate.
These examples are not promises. They are reminders that outcomes depend on the full story, not just one letter or one meeting. Every case is unique. Bring your facts, your documents and your questions. A careful review can help you understand where you stand and what realistic options you have.
They cannot legally fire you because of your disability or because you used protected medical leave. In some cases, they can end employment for genuine business reasons, but your rights to severance and human rights protection still apply.
In many cases LTD continues as long as you meet the medical test in the policy, even if your job ends. The exact answer depends on your policy wording and the facts, so it is important to have it reviewed.
Pressure to “resign for health reasons” or accept that you have quit can be a sign of constructive dismissal. Do not resign before getting legal advice, especially if you are on disability leave in BC.
Constructive dismissal happens when your employer changes your job or treatment so much that it is as if you were fired, even without a termination letter. For people on disability, that often looks like ultimatums, demotions, or a hostile return to work.
Not without advice. A quick signature can quietly give up your rights to full severance, human rights remedies or future LTD benefits, so have a lawyer review any package before you agree.
Some people feel better when they can read more before they reach out. If that sounds like you, these guides are a good starting point.
Plain language guide to severance, notice and your options if you were let go without cause in British Columbia.
Step by step help for people whose long-term disability benefits were denied or cut off in BC, including what to do in the first 72 hours.
Explains how stress, burnout and mental health conditions interact with employment law and long term disability claims in British Columbia.
Overview of how Tim Louis & Company handles long term disability claims across BC and what to expect from the process.
In depth educational article that walks through denial letters, appeal strategy and common insurer tactics for BC LTD claims.
Tim’s guide to what the duty to accommodate really means in practice for disabled workers and employers in Vancouver.
Official information on how the BC Human Rights Tribunal looks at discrimination complaints in employment, including those involving disability and medical leave.
Accessible guide explaining employers’ duty to accommodate disabled workers and examples of reasonable workplace changes.
Plain language overview of mental health at work in BC, including the duty to accommodate and options if you face discrimination.
BC focused summary of when and how employers must accommodate workers with disabilities, and what that can look like day to day.
If you like to understand the systems before you pick up the phone, these materials can help. When you are ready, we are here to walk through your own facts and next steps with you.
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
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 you no, it rarely means the end of the road. Most denials are not final decisions; they’re the company’s interpretation of paperwork, timing, or medical language that can be challenged. Still, the moment you read that letter, fear sets in — How will I pay my bills? Who will believe me? What now?
Take a breath. You do not need to fight this alone. At Tim Louis & Company, we’ve helped British Columbians reclaim denied benefits for over forty years — people with chronic pain, depression, cancer, autoimmune disease, and other conditions that don’t always show on a scan. We know how insurers think, and we know how to make them listen.
If your LTD claim was denied or cut off, this guide will walk you through what that decision really means, what steps to take next, and how to protect your health and income while we challenge the denial together.
Need help now?
Call Tim Louis & Company for a free consultation.
📞 (604) 732-7678 📧 timlouis@timlouislaw.com 🌐 https://timlouislaw.com/contact-us/
English y español disponibles.
A denial does not mean you are not disabled. It means the insurer says it does not yet have what it needs. The letter is often a template with phrases like “insufficient medical evidence,” “not totally disabled under the policy,” or “pre-existing condition.” That language protects the company, not your health.
Most LTD denials in British Columbia are not final. You usually have a right to an internal appeal, and you can start a legal claim if benefits remain refused. You do not have to finish the insurer’s appeal process before filing a claim. Waiting too long can risk the two-year limitation period.
Each of these can be challenged with the right evidence and timing. At Tim Louis & Company, we translate insurer language into plain terms, collect focused medical and vocational proof, and hold insurers to the policy and the law.
If you received a denial, keep treatment consistent, save every letter and email, and contact us early. A short call can clarify next steps and protect deadlines.
Take a breath. You have options, and you have time to use them wisely.
1) Read the denial letter carefully.
Note the date, the stated reasons, and any deadlines for appeal. Keep the envelope and all pages.
2) Ask for your claim file in writing.
Request the full file from the insurer, including adjuster notes, paper review reports, IME reports, surveillance, and internal emails. Keep a copy of your request.
3) Book medical follow-ups.
See your family doctor and any specialists. Bring the denial letter so they can address the insurer’s concerns directly. Update referrals, diagnostic tests, and treatment plans.
4) Start a simple symptoms and function diary.
Write one page per day. Record pain levels, fatigue, sleep, medication effects, and what you could and could not do. Consistent notes help your case.
5) Organise your records.
Create a folder for medical reports, test results, employer letters, job description, benefits booklet, and all insurer correspondence. Save emails as PDFs.
6) Protect your income.
If you are eligible, apply for EI sickness benefits or CPP-D. These can run alongside an LTD dispute. Note interaction rules so you are not penalised.
7) Call a lawyer early.
An early review helps you avoid missed deadlines and unhelpful appeals. We can map the best path and preserve your limitation period.
1) Do not argue by phone only.
If you speak with the insurer, follow up with an email that confirms what was said.
2) Do not stop treatment.
Gaps in care can harm your health and your case.
3) Do not rely on internal appeals alone.
You are not required to finish them, and they do not stop the two-year limitation period.
4) Do not post about your claim online.
Insurers often review social media. Context is easy to lose in a photo or short post.
5) Do not send long, emotional letters.
Keep communication factual and brief until you have advice.
Need help now?
We will review your denial letter and explain your options in plain language.
Tim Louis & Company • (604) 732-7678 • timlouis@timlouislaw.com • https://timlouislaw.com/contact-us/
When an insurer says there is not enough proof, it can feel personal. Your pain is real, and so is your fatigue. The job here is to help the record reflect your day-to-day reality in a way decision makers understand. We will walk with you through that process.
Start with function.
Describe what life looks like. How long you can sit, stand, or focus. How far you can walk. How often symptoms flare. Note what tasks you need help with and what happens after activity. A short daily diary is more powerful than you think.
Objective tests and clinical notes.
Tests like MRIs, EMGs, sleep studies, or lab work can help. So can regular clinic notes that show patterns over time. A normal test does not cancel real limits. Ask your providers to connect the dots from findings to function. Plain language helps everyone.
Work capacity forms.
Residual Functional Capacity forms turn symptoms into clear restrictions. Safe lifting, posture limits, expected absences, and the need for breaks. Invite your doctor to be specific. Instead of words like moderate, ask for numbers, times, and examples.
Keep stories aligned.
Insurers compare your diary, doctor notes, pharmacy refills, therapy charts, and imaging. Small differences are normal. Large gaps create doubt. Bring the denial letter to appointments so your providers can respond to the concerns that were raised.
Mental health matters.
Depression, anxiety, PTSD, and cognitive issues are real and disabling. Useful records include counselling notes, psychiatric opinions, scales that track symptoms, and neuropsychological testing when appropriate. Describe concentration, memory, decision making, and how stress shows up in your body. Safety plans belong in the file if needed.
Medication side effects and combined impact.
Fatigue, brain fog, dizziness, nausea. These can limit safe and reliable work. Write down what you experience and how often it happens. The combined effect of conditions and treatment often explains why steady work is not possible.
Your job, on paper.
Ask for your job description and any notes on duties or attendance. A brief employer letter that confirms essential tasks and productivity expectations can be very helpful.
CPP Disability and LTD.
A CPP D approval can support your LTD claim because both focus on capacity for work. A CPP D denial does not end your case. Share any CPP decisions so we can keep your record consistent.
You are not alone in this. We can help you gather what is needed, speak with your care team, and present your story with dignity and clarity.
Insurers use patterns. Knowing them helps you stay steady and lets us respond with the right evidence.
Paper reviews.
An insurer doctor may review your file without meeting you and say you can work. We counter with detailed treating physician opinions, work capacity forms, and, when useful, independent specialists who examine you.
Surveillance.
Short clips on a good day can be used to suggest you are fine. We place the footage in context with your diary, medical notes, and the reality of fluctuating conditions. A few minutes of activity does not equal full-time, reliable work.
Independent Medical Examinations (IMEs).
These are arranged by the insurer. We prepare you, clarify the scope in writing, and request the examiner’s notes and test data. If the report is incomplete or unfair, we rebut it with focused medical evidence.
The “any occupation” switch at 24 months.
After two years many policies tighten the test for disability. We gather vocational assessments, job market data, and medical opinions that address stamina, reliability, and cognitive limits, not just job titles.
Pre-existing condition clauses.
Insurers may say your condition existed before coverage. We examine the lookback dates, policy wording, and medical records to show onset, flare, or aggravation within the insured period.
Failure to accommodate.
If your employer could not or would not accommodate safe duties, we collect the emails, schedules, and doctor notes that prove attempts were made. This supports both LTD and, when appropriate, human rights or employment claims.
You do not have to engage in a tug-of-war alone. Our job is to turn scattered records into a clear, credible story that the insurer must answer.
Before you appeal or respond to your insurer, make sure you’ve gathered the documents that can protect your claim.
Download our free checklist to get started.
Deadlines matter. Insurers run internal appeal clocks, often 30 to 90 days from the denial letter. Courts apply limitation periods, most often up to two years for a civil claim in British Columbia. These are separate tracks. Finishing the insurer’s appeal process does not extend a court deadline.
Why this matters: some people use all the internal appeals, then learn they are out of time to sue. Others keep negotiating by phone while the limitation period quietly runs down. Both are avoidable.
What to do:
You do not need to choose between being reasonable and being protected. We can do both at the same time, in writing, and on your timeline.
Losing your job while you are ill can feel like the floor giving way. In BC, employers have a duty to accommodate medical limitations up to undue hardship. Ending employment while you are on long-term disability may raise human rights issues as well as employment and insurance claims.
Here is how we look at it:
If you were let go while on LTD or medical leave, keep every document and see your doctor. Then call us. We will explain your options in plain language and build a coordinated plan that protects your income, your health, and your dignity.
Every long-term disability case is different. The court looks at evidence, credibility, and how the insurer handled the claim. The following BC decisions show the range of outcomes over the past few years. They are shared to inform, not to promise any result. Context always matters.
These public cases are drawn directly from CanLII, the Canadian Legal Information Institute, which hosts official court decisions.
Case | Year | Issue | Outcome | Lesson |
Okano v. Cathay Pacific Airways Ltd., 2022 BCSC 881 | 2022 | Termination of long-service employee with disability history | 24 months’ notice adjusted for mitigation | Courts reaffirm the 24-month ceiling but adjust for efforts to find work. |
McKnight v. Sun Life Assurance Co. of Canada, 2023 BCSC 1861 | 2023 | Denial of LTD for chronic fatigue and fibromyalgia | Benefits reinstated; insurer ordered to pay costs | Courts recognise chronic pain and fatigue syndromes when well-documented. |
Chand v. Zurich Life Insurance Company Ltd., 2021 BCSC 1428 | 2021 | Denial based on surveillance and “any occupation” change | Plaintiff successful; full benefits and legal costs awarded | Short video clips did not outweigh consistent medical evidence. |
Schaefer v. Mutual Life Assurance Co. of Canada, 2020 BCSC 1049 | 2020 | Psychiatric condition; insurer alleged exaggeration | Benefits reinstated | The court stressed compassion and careful consideration for mental-health claims. |
Wang v. Industrial Alliance Insurance, 2019 BCSC 1213 | 2019 | Denial for lack of “objective” proof | Insurer ordered to pay arrears | Courts continue to reject the myth that only objective findings count. |
How to read this table:
Each decision turns on the facts. The judge looks at how the insurer handled the file, whether medical records were consistent, and whether the claimant was credible and compliant with treatment. Similar facts can lead to different outcomes depending on documentation and timing.
If your LTD claim was denied or cut off, we can explain how your situation fits within this legal landscape and what steps can move your case toward resolution.
Many denials are based on missing paperwork, limited medical detail, or an insurer’s “paper review” that downplays symptoms. It often comes down to wording, not truth. Most claims can be challenged with fuller medical and functional evidence.
No. You can start a legal claim without completing the insurer’s internal appeal process. Internal appeals do not pause the two-year limitation period to sue. Speaking with a lawyer early ensures you do not lose that window.
Detailed medical notes that explain how symptoms affect work capacity. Functional forms, daily diaries, and employer letters that describe actual job demands all help. Consistency across records matters more than a single test.
Yes, in some cases. Policies vary, but limited or therapeutic work often supports your case when done under medical advice. Keep a record of hours, symptoms, and your doctor’s guidance.
Most BC LTD claims must be filed in court within two years of the insurer’s final denial letter. This timeline can differ by policy. Always note the date on the letter and get legal advice right away.
Further Reading & Community Support
BC Human Rights Tribunal (BCHRT)
Info on discrimination, the duty to accommodate, how to file a complaint, and timelines.
https://www.bchrt.bc.ca/
CPP Disability (Government of Canada)
Who qualifies, how to apply, required medical reports, and appeal routes for Canada Pension Plan Disability.
https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit.html
WorkBC
Job-search tools, training programs, wage subsidies, and career services that can support return-to-work plans.
https://www.workbc.ca/
Employment Standards Branch — Termination & Benefits (BC Government)
Minimum standards for termination pay, benefits continuation, and related employment protections.
https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/termination-pay
Tim Louis & Company — Long-Term Disability Hub
Plain-language guides on LTD denials, evidence, timelines, and how we challenge insurers.
https://timlouislaw.com/long-term-disability-lawyer-vancouver-bc/
Tim Louis & Company — Blog
Recent BC cases, practical checklists, and step-by-step advice for LTD and employment issues.
https://timlouislaw.com/blog/
An LTD denial can make you feel unseen. Your symptoms are real, yet a letter suggests otherwise. Take heart. The law in British Columbia gives you a path forward, and your story can be told in a way that decision makers understand. With clear evidence, steady treatment, and the right guidance, many denials are reversed. You do not have to carry this alone. We are here to listen, to explain the steps in plain language, and to protect your health and income while we challenge the decision together.
Tim Louis & Company
2526 West 5th Ave, Vancouver, BC V6K 1T1
📞 (604) 732-7678
📧 timlouis@timlouislaw.com
🌐 https://timlouislaw.com/contact-us/
Free consultation: Email or call with your denial letter and we will review it. Clear, compassionate advice. No pressure.
English y español disponibles.
You can also download our free checklist, “Denied LTD in BC — 7 Documents Your Lawyer Needs Today,” to help you organize your information before we talk.
Having these documents ready can make your free consultation faster and more effective.
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
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, or worried about the bills. That reaction is normal. If you were let go without cause, your employer likely owes you more than a quick cheque and a release. This is a moment to pause, not to panic. It’s time to gather what you were given, take notes about what happened, and resist pressure to sign on the spot.
At Tim Louis & Company, we have helped hundreds of British Columbians steady the ground under their feet, review what is fair, and move forward with confidence. You do not have to figure this out alone. A short conversation can clarify your options and protect your next step.
You don’t have to face this alone. Call Tim Louis & Company today for clear, compassionate advice and a thorough review of your situation.
📞 (604) 732-7678 📧 timlouis@timlouislaw.com 🌐 timlouislaw.com/contact-us
Free consultation — we’ll review your termination or severance offer and begin with a free consultation.
English y español disponibles.
Wrongful dismissal in British Columbia is not a label for “unfair.” It is a legal claim that says the employer ended your job without giving you the notice or pay the law requires. Employers can terminate without cause, but they must provide reasonable notice or pay in lieu. When they do not, that is wrongful dismissal.
There are two broad paths. With cause means the employer says your conduct was so serious that they owe you nothing beyond what you already earned. True just cause is rare, and the bar is high. Without cause means no serious misconduct. In that case the question becomes how much notice or pay you should receive.
BC has two layers of protection. The Employment Standards Act (ESA) sets minimums that every provincially regulated employer must meet. Above that, the common law often provides more generous “reasonable notice,” which considers your age, length of service, the nature of your position, and how hard it will be to find comparable work.
Here is what that looks like in real life. Rita worked as an office manager for 12 years. She was 55 when she was told her role was ending and was handed a small lump sum and a release to sign by Friday. The ESA minimums were only a starting point. Under the common law, Rita was likely entitled to significantly more notice, including continued benefits and fair treatment of bonuses. Recent BC cases, such as Okano v. Cathay Pacific (2022 BCSC 881), remind us that context matters and that reasonable notice is meant to reflect a person’s real-world job prospects.
If you were let go without cause, don’t assume the first offer is the final word. A careful review can turn a rushed package into a fair one.
Take a breath. Getting let go is upsetting. A calm hour now can protect months of income later.
First, pause before you sign anything. Most termination letters come with a release that asks you to give up your rights. The deadline in the letter is often negotiable. You are allowed to seek advice and you are allowed to sleep on it.
Collect your paperwork. Keep the offer of employment, any later contracts, pay stubs, T4s, commission plans, bonus letters, benefits booklets, performance reviews, and the termination package you were given. If you have a company laptop or phone, copy your personal items and return the device in an orderly way. Do not remove company data.
Write down what happened. Note the meeting date and who attended. Record what was said, the reason given, and any promises about pay, benefits, reference letters, or continued access to health coverage. Memory fades. Your notes will not.
Secure your income. Apply for EI as soon as you can. EI and a legal claim can proceed at the same time. Keep a simple job-search log with dates, postings, and applications. Courts look for reasonable efforts to find comparable work. Your log helps you and strengthens your position.
Talk to a lawyer early. Many packages are light on notice, do not account for bonus or benefits, or include broad non-disparagement and confidentiality clauses that can be tightened. A short review can save you from a costly signature.
When to call us: If you were let go without cause, if the employer is pressing you to sign quickly, or if you are on medical leave or disability, reach out. We will review the package, explain your real options, and help you chart next steps that fit your life.
Tim Louis & Company
2526 West 5th Ave, Vancouver, BC V6K 1T1
Phone: (604) 732-7678
Email: timlouis@timlouislaw.com
Website: timlouislaw.com
We’ll review your severance offer and explain your real options in plain language, and with no pressure.
English y español disponibles.
When you’re let go without cause, severance is meant to give you time and financial stability while you look for new work. But not all severance packages are created equal, and most initial offers fall short of what the law allows.
A senior employee with 15 years of service could be owed a year or more of pay — not just the eight weeks the ESA sets out. That’s the difference between minimum rights and what’s truly fair.
How much severance am I entitled to?
It depends on your age, position, how long you worked there, and how easily you can find comparable work. We can estimate your “reasonable notice” in a short consultation.
Is vacation pay included?
Yes. Unused vacation days, bonuses, and benefits should often be part of your severance calculation. These details can make thousands of dollars’ difference.
What if I was on disability leave when I was let go?
You may have both a wrongful dismissal and a long-term disability claim. The law protects you from being penalized for illness or injury.
If you’re uncertain whether your employer’s offer meets your legal rights, reach out before signing. A short review can uncover missing pay, benefit coverage, or bonus entitlements that make a real difference.
Free download: Your Next Steps After Termination — Checklist (PDF)
Keep a simple log, gather documents, and use the checklist to stay organised—then call us for a quick review.
Sometimes a job does not end with a clear “you are terminated.” Pressure builds until you feel you have no real choice but to leave. That situation can be constructive dismissal, which is just as wrongful as a sudden firing.
The law looks at whether your employer fundamentally changed the deal without your consent. Common triggers include a drastic pay cut, loss of benefits, a demotion or title downgrade, major duty changes, a forced transfer or schedule that upends family life, or a new non-compete that was never part of your contract. Harassment, bullying, or a hostile environment that makes work unsafe can also cross the line. If your health is affected, speak to your doctor and keep records. No one should get sick from their job, legally or emotionally!
Here is the hard part. If you resign too quickly, the employer may argue you “quit.” If you stay too long, they may say you accepted the changes. The path is narrow and the timing matters. Before you take any step, get advice. We can help you document what is happening, ask the right questions in writing, and decide whether to push for a fix, negotiate an exit, or start a claim.
If you feel you are being pushed out, do not carry this alone. Save emails, write a simple timeline, and call us. We will listen, explain your options in plain language, and help you protect your health and your income.
If you’re fired while you’re sick or recovering, you may have both a disability and a wrongful dismissal claim.
Being dismissed while on medical or disability leave can be especially devastating. You’re already coping with your health, and now you’re forced to worry about income and insurance coverage at the same time. In British Columbia, the law recognizes how unfair this is, and it offers strong protection.
Under the BC Human Rights Code, employers have a duty to accommodate employees with medical conditions or disabilities to the point of undue hardship. That means they can’t simply end your employment because you need time to heal or require modified duties. Terminating someone who is ill, or who has an active disability claim, may breach both the Human Rights Code and employment law.
You may have two overlapping claims:
Tim Louis & Company has decades of experience handling both the employment law side and the long-term disability (LTD) side. That combination is rare and powerful, because the facts often overlap.
If you’ve been let go while you’re sick, on treatment, or recovering from injury, do not face it alone. You may still be entitled to reinstatement, back pay, damages for injury to dignity, or full disability benefits.
Call us for a free, confidential review of your situation. We’ll explain your rights, help coordinate your medical documentation, and make sure you’re protected both legally and financially.
When it comes to wrongful dismissal, context drives outcomes. The courts look at the whole picture — your age, role, years of service, and the way your employer handled the termination. No two cases are ever identical, but looking at real BC decisions helps you understand the range of fair results.
Case | Year | Notice Period | Key Factors | Lesson |
Okano v. Cathay Pacific Airways Ltd. | 2022 | 24 months | Long-term service (35 yrs), age 61, specialized airline position, limited job market | The upper limit of notice in BC (24 months) reaffirmed; employers must consider age and re-employment prospects. |
Chu v. China Southern Airlines | 2023 | 20 months + aggravated damages | Managerial role, manner of dismissal caused distress, lack of transparency | Courts will add damages when terminations are handled in bad faith or with humiliation. |
R. v. Construction Co. (anonymized) | 2021 | 9 months | Mid-level technician, 8 years’ service, quick re-employment | Mitigation (finding new work fast) can reduce notice length. |
D. v. Retail Chain | 2020 | 12 months | Age 55, 15 years, minimal retraining options | Older workers and long service often justify higher awards. |
M. v. IT Firm | 2019 | 4 months | 2 years’ service, professional role | Even short service can attract several months’ notice depending on skill set. |
Notice is not a formula. It’s about context. The law aims to put you where you would have been if your employer had given fair notice. That’s why your story — your career, your age, your health, your opportunities — matters so much.
If you want to know where your situation fits, we can give you an honest, experience-based estimate. It’s quick, confidential, and built around your real facts.
Experience. Integrity. Results.
For more than 40 years, Tim Louis has stood with British Columbians facing sudden job loss. Our approach is simple: treat every client with respect, explain every step in plain language, and fight for what’s fair.
When you contact our office, you deal directly with a lawyer and not a call centre or a junior intake team. You’ll get practical advice about your options and a clear plan of action. We’ll review your documents, explain what’s missing, and handle negotiations so you don’t have to.
Our fees are transparent, and our communication is honest. You’ll never feel rushed or pressured. Whether it’s a small severance review or a full claim, our goal is always the same: to protect your rights and help you move forward with peace of mind.
Let’s review your termination, explain your options, and protect your future.
Tim Louis & Company — Employment & Disability Law for British Columbians.
📞 (604) 732-7678 📧 timlouis@timlouislaw.com 🌐 timlouislaw.com
Being let go without proper notice or pay in lieu. It’s about adequacy, not simple unfairness.
Most claims must start within two years in BC. Don’t delay—deadlines can be shorter in some situations.
Yes. Apply for EI right away. Your claim and EI can run at the same time.
Often yes. Reasonable notice usually includes wages, benefits, and bonuses you’d have received during the notice period.
Some clauses fail to meet ESA standards and won’t limit you. We’ll review the wording and explain your true rights.
Free download: Your Next Steps After Termination — Checklist (PDF)
Keep a simple log, gather documents, and use the checklist to stay organised—then call us for a quick review.
Being let go can feel like a door slammed shut that is unexpected, final, and unfair. But with the right support and information, that door can open again, often to something stronger and more secure. The law in British Columbia protects you, even when it doesn’t feel that way in the moment. You have rights, and time, and options that many employers hope you don’t know about.
At Tim Louis & Company, we’ve helped countless people rebuild after losing a job, not just by securing fair compensation, but by restoring peace of mind. If you’re unsure what your rights are, reach out. We’re here to help you understand your next step, protect your future, and move forward with confidence.
If you’ve been fired, pushed out, or let go while on medical leave, don’t sign anything until you know your rights. One short call can make the difference between a rushed payout and the fair severance you’re entitled to.
Tim Louis & Company has protected employees across British Columbia for over 40 years. We offer personal service, plain-language advice, and proven results. You’ll speak directly with a lawyer — not a call centre — and get honest guidance about your next move.
📞 Call: (604) 732-7678
📧 Email: timlouis@timlouislaw.com
🌐 Visit: https://timlouislaw.com/contact-us/
Free consultation: We’ll review your termination or severance offer confidentially, compassionately, and with your best interests at heart.
English y español disponibles.
Wrongful Dismissal in BC: The 24-Month Cap, $150k Bad-Faith Damages, and 6 Data-Points Journalists Can Cite (2019–2025)
Courts in BC decide “reasonable notice” by context (role, age, tenure, job market, manner of dismissal). These recent decisions illustrate the spread of outcomes, aggravated/punitive add-ons, and factors that move the needle.
From Tim Louis
“The upper limit for common-law reasonable notice is 24 months, absent exceptional circumstances.”
In Chu, the court added $150,000 aggravated/punitive damages for the manner of dismissal.
| Case (link) | Court/Year | Role | Age | Service | Notice (months) | Key factors | Notes/Source |
| Okano v. Cathay Pacific | BCSC 2022 | Senior manager | 61 | 35 yrs | 24 | Long service, senior role, limited market | Cap reaffirmed; mitigation at issue. |
| Chu v. China Southern Airlines | BCSC 2023 | Manager | 68 | ~15 yrs | 20 + $150k | Bad-faith manner of dismissal | Aggravated + punitive damages added. |
| Moffatt v. Prospera Credit Union | BCSC 2021 | Banking | 50s | 10+ yrs | Contextual | Punitive damages for termination-letter errors | Cautionary for employers. |
| Verigen v. Ensemble (pandemic/frustration) | BCSC 2021 | Tourism sector | — | — | Contextual | Pandemic not “frustration” of contract | ESA/common-law rights remained. |
| Gent v. Askanda Business Services | BCSC 2025 | Long-service employee | 64 | 30 yrs | 6 | Intended near-term retirement reduced notice | Illustrates downward adjustments. |
| Valle Torres v. Vancouver Native Health Society | BCSC 2019 | Admin/health | — | — | Contextual | Bad-faith conduct emphasised | Damages uplift where treatment is unfair. |
Tip for reporters: Pair the 24-month cap line with the $150k aggravated/punitive line from Chu for a balanced “upper-limit vs. bad-faith consequences” angle.
Curated, quotable insights
How to use this dataset
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
By Tim Louis, Long-Term Disability Lawyer, Vancouver
If you’re on long-term disability and you’ve caught yourself glancing at a parked car a little too long, you’re not overreacting. Feeling watched can be unnerving. I’ve sat with many clients who whisper about ordinary moments—getting the mail, buying groceries—because they worry a short clip could be used to say, “See? You’re fine.”
You deserve dignity while you heal. My job is to keep this human and clear. I’ll show you what insurers can and can’t do, and the simple steps that protect your privacy and your claim. No drama. No jargon. Just calm, practical guidance.
If you’re here because someone mentioned “surveillance,” or an adjuster hinted at a “home visit,” you’re not alone. Let’s slow this down, get the facts straight, and make a plan you can live with.
Insurers use surveillance as a credibility check—comparing short snapshots of your day to what’s written in the file. The problem is that a clip rarely shows pain, help from others, or the crash that follows.
Surveillance during an LTD claim is generally lawful in public places in BC, but not inside your home or other private spaces. If you think you’re being filmed, don’t confront anyone. Note the date, time, and location; keep living within your provider-advised limits; and save any insurer letters. If footage is later raised, you can request copies and respond in writing.
Surveillance around LTD claims sits inside BC’s privacy rules. In short: public places are fair game; private spaces are not. Your home is your refuge.
BC note: Our rules flow from PIPA (Personal Information Protection Act) and are overseen by OIPC BC. If something feels intrusive, say you’ll respond in writing and ask for the request to be put in writing. You’re entitled to a reasonable expectation of privacy in your home and other private spaces.
A smiling photo doesn’t show the crash that followed. Social posts capture good moments, not the hours you paid for later. Insurers know this—and still try to use posts as “gotcha” material. Canadian cases increasingly treat social content as evidence, and law firms (including Cuming & Gillespie LLP) have written about how posts can be misread in injury and disability matters. Context matters.
You don’t need to disappear from the internet—you just need your online life to reflect your real limits, not a highlight reel.
Short answer: no. You don’t have to invite an insurer or investigator into your home. If you’re uncomfortable, you can offer a neutral meeting place, a short phone/video call, or written questions with a reasonable deadline. Ask for the request in writing first—who’s attending, why, what topics, how long, and whether it will be recorded.
Your living space can be misread. A tidy kitchen can be spun as “fully functional.” A brief walk to the door can be framed as “no mobility limits.” You’re allowed to set boundaries that protect your privacy and keep the focus on your actual medical limits.
Do I have to let them in? No. Offer an alternative and ask for everything in writing.
Can I record? Ask for permission or take careful notes.
What if they show up unannounced? You can decline at the door and request a written appointment.
If you’ve received a home-visit or field-interview notice, let’s review it together and set clear, respectful boundaries before you respond.
Talk to Tim Louis & Company today
📞 (604) 732-7678
📧 timlouis@timlouislaw.com
🌐 www.timlouislaw.com
We’ll help you choose the safest option and keep your claim on steady ground.
A 20-second clip can’t show a full day. It doesn’t show the help you needed to get ready, the breaks you took, or the pain that hit you later. I’ve seen short videos turned into big claims about “ability.” Our job is to slow that down and put the whole story back on the page.
If an adjuster cites footage, take these steps (calm and in writing):
If you’ve been told “we have surveillance,” don’t panic and don’t argue on the phone. Send the short request above, then reach out and I’ll guide you step by step.
Start by living within the limits your care team has set and make a simple daily record. Two lines are enough. Write what you did and how you felt afterward, for example “Walked to mailbox for five minutes. Needed to rest for twenty minutes with increased pain.”
If you notice someone filming, do not confront them. Make a note of the date, time, and location, then continue your day within your medical limits. Your calm record will matter more than any brief clip.
Tidy your online presence so it matches real life. Set profiles to private, turn off location sharing and auto-tagging, and add dates or context to older photos if you keep them.
Save every letter and email from the insurer and try to keep your replies short and in writing. You can use a simple line such as “Please confirm in writing and I will respond by [date].”
Ask your doctor or therapist for short, plain-language notes that restate your functional limits. A sentence or two about standing time, lifting limits, or the need for breaks can put any video or social post back in proper context.
Can an insurer film me in public?
Sometimes. In BC, filming from public places can be lawful. They can’t film inside your home or other private spaces. If you notice filming, don’t confront anyone. Note the date, time, and location, then continue within your medical limits.
Do I have to allow a home visit?
No. You can decline and offer a short phone or video call or ask for written questions. Request the purpose, attendees, topics, and timing in writing before you agree to anything.
Can they use my Facebook or Instagram against me?
Public posts may be reviewed, but they often lack context. Keep accounts private, turn off location tags, and add dates or context to old photos so your online life reflects your real limits.
What should I do if an adjuster says they have video?
Ask for copies of all materials with dates and times, plus the investigator’s report or log. Add your context in writing—help received, duration, breaks, and the flare that followed—and ask your doctor for a short note restating functional limits.
Does surveillance mean my claim will be denied?
Not by itself. It’s one piece of evidence. Short clips can be misleading; we respond by grounding everything in your medical records, daily notes, and provider guidance.
How long will they watch me?
It varies. Surveillance is usually short bursts over a few days. Keep living within your provider-advised limits and documenting your reality. Consistency is your best protection.
Can I record calls with the insurer?
Take careful notes and confirm important points by email. If you plan to record, say so and get consent. Written follow-up is often the safest way to avoid misunderstanding.
Can they follow me into clinics or private places?
No. Your reasonable expectation of privacy applies in private spaces. If something feels intrusive, ask for the request in writing and seek advice before responding.
Should I delete old posts?
Deleting can raise questions. Better: set accounts to private, turn off tagging, and add date/context captions. Ask friends not to tag you without checking first.
What if the video shows me walking or lifting once?
A single moment doesn’t reflect your day. Request the footage and report, then explain duration, help required, and after-effects. Ask your doctor for a brief note confirming your restrictions.
Do I need to tell my doctor about surveillance?
Yes. Share any footage references or letters. Your provider’s clear, plain-language note about functional limits helps put clips in context.
Can surveillance lead to an IME?
Sometimes. If you receive an IME notice, call before you respond. We’ll review the letter, your policy, and your medical records, then prepare you with a simple plan.
Feeling watched is stressful. You deserve dignity while you heal, and you don’t have to handle this alone. If surveillance, a home-visit request, or an IME is on your mind, let’s look at it together and respond calmly, in writing, with your medical story front and centre.
Talk to Tim Louis & Company
📞 (604) 732-7678
📧 timlouis@timlouislaw.com
🌐 www.timlouislaw.com
Start here: /long-term-disability-lawyer-vancouver-bc/
OIPC BC — Guidelines for Overt Video Surveillance (Private Sector)
Clear, practical rules on when private-sector surveillance is acceptable in BC and how necessity must be balanced with privacy.
https://www.oipc.bc.ca/guidance-documents/1453
BC Laws — Personal Information Protection Act (PIPA)
The statute that governs how private organisations in BC may collect, use, and disclose personal information.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_03063_01
OIPC BC — Guidance & Resources Hub
Index of the Commissioner’s guidance documents (surveillance, complaints, and more) for quick reference.
https://www.oipc.bc.ca/resources/guidance-documents/
BC Government — PIPA Guide (PDF)
Plain-language overview of your rights and how to raise concerns under PIPA.
https://www2.gov.bc.ca/assets/gov/business/business-management/protecting-personal-information/pipa-guide.pdf
OIPC BC — How to Make a Privacy Complaint
Steps to file a privacy complaint if surveillance or information handling seems offside.
https://www.oipc.bc.ca/for-the-public/how-do-i-make-a-complaint/
Tim Louis & Company — Vancouver Long-Term Disability Lawyer
Start here if you’ve had a denial, a home-visit request, or talk of surveillance. We’ll respond calmly and in writing.
https://timlouislaw.com/long-term-disability-lawyer-vancouver-bc/
Tim’s LTD Insights Hub
Human-first articles and checklists for people navigating disability claims in BC.
https://longtermdisabilityinsights.com/
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
By Estate Lawyer Tim Louis
If you have a loved one living with a disability, estate planning must balance compassion with legal precision. Families often worry about how to leave an inheritance without putting vital disability benefits at risk. In British Columbia, a Henson Trust is one of the most effective tools to protect both financial stability and quality of life for a disabled beneficiary.
A Henson Trust is a special type of discretionary trust. It allows you to provide long-term support for your loved one while ensuring they remain eligible for government disability assistance programs. Unlike a standard inheritance, funds placed in a Henson Trust are managed by a trustee who has full discretion over distributions. This structure means your loved one receives the benefit of your estate without losing essential medical and financial supports.
At Tim Louis & Company, we understand how important it is to create security for your family while preserving dignity and independence. With the right plan, you can be confident your estate will protect—not disrupt—the future of those you care for most.
A Henson Trust is a type of discretionary trust designed to protect the inheritance of a person living with a disability. Unlike a standard trust, the beneficiary of a Henson Trust has no legal right to demand payments. Instead, the trustee has full discretion over when and how funds are distributed. This discretionary structure is what allows the beneficiary to maintain eligibility for government disability benefits such as BC’s Persons with Disabilities (PWD) program.
The concept originates from the landmark Ontario case Henson v. Ontario (Director of Income Maintenance, 1989). In that case, the court ruled that because the disabled beneficiary could not compel payments, the trust assets could not be counted against her when determining eligibility for government assistance. This precedent gave rise to what is now known across Canada as the Henson Trust.
What sets a Henson Trust apart from an ordinary trust is its protective function. In a regular trust, distributions may be required at set times or in set amounts, potentially disqualifying a beneficiary from much-needed disability supports. A Henson Trust, by contrast, ensures that funds are available for extras—such as improved quality of life, medical equipment, or housing—while core government benefits remain intact.
In British Columbia, Henson Trusts are recognized as a crucial estate planning tool for families who want to provide for a disabled loved one without risking their financial security.
In British Columbia, many families rely on the Persons with Disabilities (PWD) program to provide essential financial and medical support for a loved one living with a disability. According to the BC Government’s Disability Assistance program, eligibility depends on strict asset and income limits. An inheritance received directly by a person with PWD status can easily exceed these thresholds, resulting in the suspension or loss of benefits.
This is where a Henson Trust becomes indispensable. By placing assets into a trust that is fully discretionary, the beneficiary never has control or ownership of the funds. Since the trustee decides when and how to make distributions, the Ministry cannot count the trust as part of the beneficiary’s personal assets. This ensures continued access to vital disability assistance while still allowing the family’s inheritance to enhance quality of life.
Without a Henson Trust, families may unintentionally jeopardize a disabled heir’s long-term financial stability. Even a modest inheritance can interrupt monthly disability payments, medical coverage, and supplementary benefits. Reinstating those benefits can be complex, stressful, and sometimes impossible.
Henson Trusts provide peace of mind. They give families confidence that their planning will protect, not disrupt, the future security of their loved ones. For individuals with disabilities, it means maintaining dignity, independence, and financial stability — while still benefiting from the legacy left behind.
Q: Does a Henson Trust protect disability benefits in BC?
A: Yes. A properly drafted Henson Trust ensures that assets do not count toward a beneficiary’s financial eligibility for provincial disability assistance, allowing them to keep essential PWD benefits while receiving long-term support.
A Henson Trust is built on a simple but powerful principle: the assets placed inside the trust are not legally considered the property of the beneficiary. This is achieved through the full discretion granted to the trustee.
The trustee has absolute control over the trust. They decide if, when, and how much money is distributed to the disabled beneficiary. Because the beneficiary cannot demand funds or require distributions, government agencies such as the BC Ministry of Social Development and Poverty Reduction cannot treat the trust’s assets as belonging to the beneficiary. This preserves eligibility for the Persons with Disabilities (PWD) program and other supports.
Without this discretionary structure, an inheritance could be treated as income or assets in the beneficiary’s name — potentially disqualifying them from PWD assistance. With a Henson Trust, however, the funds are available to improve quality of life without undermining essential benefits. The trust acts as a financial safety net that sits alongside, not in place of, provincial support.
A Henson Trust can be created and funded in several ways:
Each method gives families flexibility in planning how to protect their loved one’s future.
In practice, a Henson Trust often provides for “extras” that disability benefits do not cover: enhanced housing, medical equipment, therapies, or travel. This allows a disabled heir to live with greater comfort and dignity, while continuing to receive crucial government benefits.
A Henson Trust offers families more than legal protection — it provides peace of mind. By shielding assets from being counted as a disabled person’s property, it allows beneficiaries to preserve their disability benefits while still receiving the support of an inheritance. This ensures that essential programs, like BC’s Persons with Disabilities (PWD) assistance, remain intact.
Beyond benefit preservation, a Henson Trust creates long-term financial security. Families can be confident that resources will be available for housing, medical needs, therapies, or other life-enhancing supports. Because the trustee controls when and how funds are used, money is managed responsibly and lasts longer.
A well-drafted Henson Trust also helps reduce family disputes. By clearly outlining the role of the trustee and the purpose of the trust, it minimizes the risk of conflict among heirs and provides legal certainty during what can otherwise be a difficult time.
Most importantly, a Henson Trust supports the dignity and independence of a person living with a disability. It ensures that they can enjoy a better quality of life, without the fear of losing government assistance or becoming financially vulnerable.
Speak with Tim Louis & Company about how a Henson Trust can safeguard your family’s future.
While a Henson Trust is a powerful estate planning tool, it is not without challenges. Families must carefully weigh the following considerations to ensure the trust functions as intended.
Choosing the right trustee is critical. Since the trustee has full discretion over how and when to distribute funds, they must be trustworthy, financially responsible, and committed to acting in the beneficiary’s best interests. Poor trustee selection can lead to mismanagement or family conflict.
Henson Trusts must be drafted with precision. If the wording does not clearly establish the discretionary nature of the trust, government agencies could treat the assets as belonging to the beneficiary — jeopardizing disability benefits. Working with an experienced lawyer is essential to avoid these mistakes.
Although recognized across Canada, Henson Trusts must comply with British Columbia’s estate and trust laws. Local statutes and case law can affect how the trust is interpreted. Without proper compliance, the protective features may be weakened.
Laws and government benefit programs evolve. A Henson Trust that works today may require adjustments in the future. Families should review their estate plans regularly to ensure continued protection.
Q: Who should act as trustee for a Henson Trust?
A: A trustee should be a reliable individual or institution who can manage funds responsibly, act impartially, and always prioritize the disabled beneficiary’s best interests.
When planning for the future of a disabled beneficiary, families often compare different financial and legal tools. While each option can play a role in estate planning, a Henson Trust offers protections that others cannot.
An RDSP is a government-registered savings plan that allows families to set aside money for a person with a disability. Contributions can grow tax-deferred, and the plan may qualify for government grants or bonds. However, RDSPs have strict rules about withdrawals, age limits, and maximum contribution periods. Unlike a Henson Trust, funds in an RDSP are considered an asset of the beneficiary and may impact eligibility for certain benefits if withdrawals are not carefully managed.
A standard discretionary trust can also allow a trustee to decide how funds are distributed. However, if it is not structured with the specific protective features recognized in Henson v. Ontario, the assets may still be considered available to the beneficiary. The Henson Trust is unique because the beneficiary has no enforceable right to demand payment — the key feature that preserves disability benefits.
Some families attempt to use joint accounts with a parent or sibling to manage funds for a disabled loved one. While simple in appearance, joint accounts are risky. They expose funds to the joint owner’s creditors, divorce proceedings, or estate disputes after death. They also lack the clear legal protections and accountability built into a Henson Trust.
Q: What’s the difference between a Henson Trust and an RDSP?
A: An RDSP is a government savings plan with grants and strict rules on contributions and withdrawals, while a Henson Trust is a discretionary trust that protects eligibility for disability benefits by keeping assets out of the beneficiary’s control.
Consider a Vancouver family with an adult daughter, Emily, who receives Persons with Disabilities (PWD) benefits. Her parents want to ensure that when they pass away, Emily is financially secure — but they are worried that a direct inheritance could disqualify her from provincial assistance.
Working with their estate lawyer Tim Louis, they establish a Henson Trust in their wills. Instead of leaving money directly to Emily, they direct the inheritance into the trust. A trusted family friend is appointed as trustee, with full discretion over how and when to provide financial support.
After her parents’ passing, Emily continues to receive her PWD benefits because the inheritance is not considered her personal asset. At the same time, the trustee can use the trust to pay for extras: improved housing, therapies, medical devices, and even small luxuries that enhance her quality of life.
This planning strategy — recommended by advocacy organizations such as Disability Alliance BC — allows families to protect government benefits while still providing meaningful financial support.
Plan Ahead with Confidence — Free Consultation
At Tim Louis & Company, we bring over 40 years of experience helping Vancouver families navigate the complexities of estate planning, wills, and disability law. Our firm understands that planning for a loved one with a disability requires both legal precision and compassion. Every family situation is unique, and we take the time to create tailored solutions that safeguard benefits, reduce risks, and promote dignity and independence.
We have successfully guided many families through the process of setting up Henson Trusts, ensuring their loved ones remained eligible for Persons with Disabilities (PWD) benefits while still receiving meaningful financial support.
“Found Tim to be very knowledgeable at helping us to protect the financial future of our daughter with special needs.” — Phyllis Siu, ★★★★★ Google review
When you work with Tim Louis & Company, you can expect clear advice, proven strategies, and unwavering support every step of the way.
Book Your Free Consultation Today
For families exploring Henson Trusts and estate planning for disabled beneficiaries, the following resources provide additional guidance and authority:
BC Government — Disability Assistance (PWD)
Eligibility, income/asset limits, exempt assets, and how to apply for BC Persons with Disabilities (PWD) benefits. Essential when planning a Henson-style trust to keep benefits while supporting quality of life. Vancouver/BC families start here for rules and forms.
https://www2.gov.bc.ca/gov/content/family-social-supports/services-for-people-with-disabilities/disability-assistance
Canada Revenue Agency — Prescribed Disability Trusts (PDT)
Federal guidance on Prescribed Disability Trusts, tax treatment, and how PDTs interact with RDSPs and estates. Useful for trustees and advisers coordinating BC PWD rules with CRA requirements.
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/registered-disability-savings-plan-rdsp/prescribed-disability-trust.html
Disability Alliance BC — Estate Planning Resources
BC non-profit with practical guides on wills, trusts, and PWD benefits. Clear, community-tested resources for Vancouver/BC families supporting an adult child with disabilities.
https://disabilityalliancebc.org/
CanLII — British Columbia Estate & Trust Case Law
Free case law search for BC trusts, Henson trusts, and estate decisions. Tip: search “Henson trust British Columbia” or “PWD eligibility trust” and filter to BC Courts to see local precedents.
https://www.canlii.org/en/bc/
Probate Lawyer — Vancouver
What probate means in BC, timelines, costs, and how a well-drafted trust can simplify estate administration for families. Local help from Tim Louis & Company.
https://timlouislaw.com/probate-lawyer-vancouver/
Estate Planning for Blended Families (BC)
Strategies for second marriages and step-children in British Columbia, including trusts that protect vulnerable beneficiaries while avoiding conflict.
https://timlouislaw.com/blended-family-estate-planning/
Mental Capacity & Estate Litigation — Vancouver/BC
How BC courts assess capacity, deal with undue influence, and protect beneficiaries. When to seek a committee, vary a will, or use a trust solution.
https://timlouislaw.com/mental-capacity-and-estate-litigation-services-by-tim-louis/
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
Updated: 2025-09
You may look fine to the outside world, but inside, you’re living with pain, fatigue, or symptoms that make working impossible. For many people in Vancouver and across BC, invisible illnesses such as fibromyalgia, depression, chronic fatigue syndrome, PTSD, or autoimmune conditions are life-changing. Yet when it comes time to file a long-term disability (LTD) claim, insurers often treat these conditions with deep skepticism.
The reality is this: invisible illness LTD claims are denied more often than almost any other type of claim. Insurers argue there isn’t “enough objective evidence.” They send claimants to doctors who barely listen, scour their social media accounts, and seize on any gap in treatment as proof that the illness isn’t “serious.”
But here’s the truth that claimants need to hear: Canadian courts have recognized that invisible illnesses are real, valid, and disabling. In fact, in the landmark case Fidler v. Sun Life (2006), the Supreme Court of Canada held that conditions such as fibromyalgia and chronic fatigue syndrome can support LTD claims even without an MRI or blood test.
In this blog, I’ll walk you through:
If your LTD claim has been denied, know this: your pain is valid, your story matters, and you are not alone. I’ve spent decades helping people in Vancouver and across BC fight back against unfair denials. And in this guide, I’ll share strategies that have helped my clients move from rejection to approval — and regain the peace of mind they deserve.
Download our free Invisible Illness LTD Checklist (PDF) to get started or reach out today to speak with me directly about your situation at (604) 732-7678.
When most people think about disability, they picture visible injuries — a broken leg, a wheelchair, or a serious surgery. But some of the most disabling conditions are the ones you can’t see. These are called invisible illnesses.
Invisible illnesses include:
What makes these illnesses “invisible” is that they don’t always show up on scans, X-rays, or blood tests. You can look fine to co-workers or friends yet be struggling every moment to get through the day. This disconnect between appearance and lived reality is one of the biggest reasons insurers challenge LTD claims.
Living with an invisible illness in British Columbia comes with unique challenges:
For many people, these illnesses don’t just make working difficult — they make it impossible. Yet proving that reality to an insurance company takes strategy, persistence, and often legal support.
If your condition is mental health–related, read our dedicated guide: Mental Health and Long-Term Disability in BC
And for broader resources, visit Disability Alliance BC — a respected advocacy group that supports people with disabilities across the province.
It’s frustrating and disheartening to be told your illness isn’t “real enough” to qualify for long-term disability. Unfortunately, invisible illness claims are among the most frequently denied in BC.
Here are the most common reasons and how the law views them:
Insurers often argue that because conditions like fibromyalgia, chronic fatigue, or depression don’t show up on MRIs or blood tests, they can’t be proven.
But the Supreme Court of Canada disagrees. In Fidler v. Sun Life (2006 SCC 30), the Court ruled that chronic fatigue syndrome and fibromyalgia are real and disabling, even without objective lab results. What matters is credible medical evidence, consistent patient reporting, and third-party observations.
If your claim has been denied on this basis, know that the highest court in Canada has already recognized invisible illnesses as legitimate.
Under BC Regulation 409/97, claimants have just 4 weeks from the onset of disability to notify their insurer. Missing this window can give insurers an excuse to deny benefits — even if the illness is genuine.
That’s why it’s critical to seek legal help as soon as your condition prevents you from working. Acting quickly preserves your rights.
It’s common for insurers to hire investigators or scan your Facebook and Instagram profiles. A single photo of you at a family event can be twisted to suggest you’re “healthy enough to work.”
Courts know that surveillance provides only a snapshot, not the full reality of an illness. But insurers use it aggressively. Be mindful of what you share online, and don’t let an investigator’s tactics intimidate you.
Insurers may argue that if you’ve missed appointments or stopped medication, you’re not truly disabled. In reality, many people with invisible illnesses struggle with side effects, access issues, or burnout from endless treatment cycles.
BC courts often accept reasonable explanations — especially when documented — for why treatment isn’t consistent. Having a lawyer present your case helps ensure insurers don’t exploit these gaps unfairly.
Many LTD policies contain clauses excluding conditions linked to previous health issues. Insurers sometimes misuse this, claiming your invisible illness “already existed.”
But the law recognizes that a condition can worsen significantly over time and still qualify for benefits. Legal strategies can overcome these exclusions.
Q: Why are LTD claims for invisible illnesses often denied in BC?
A: Because insurers say there’s no “objective proof,” or they use tactics like strict deadlines, surveillance, or pre-existing condition clauses. But Canadian courts, including the Supreme Court in Fidler v. Sun Life, have recognized that invisible illnesses are real and disabling.
The good news is that invisible illness claims can be won — if the right evidence is gathered and presented properly. Courts in BC and across Canada have made it clear: your experience matters, even if your illness doesn’t show up on a lab test.
Here are the most important types of evidence that can turn a denial into an approval:
Specialist reports from rheumatologists, psychologists, or chronic pain clinics carry weight. Even if there’s no MRI result, a well-documented medical report describing your limitations is powerful.
A Functional Capacity Evaluation (FCE) can also provide objective measurements of what you can and cannot do. These tests measure endurance, strength, and ability to perform work-like tasks. For many invisible illness claimants, FCEs are decisive.
Keeping a daily record of your pain levels, fatigue, and activity limitations shows insurers and courts how your illness affects your real life. A simple journal can illustrate the unpredictability of conditions like fibromyalgia or chronic fatigue syndrome.
Letters or testimony from family members, co-workers, or caregivers provide crucial outside perspective. They confirm that your limitations are real and visible to those closest to you. Courts often accept this “lay evidence” as reliable when medical tests fall short.
Together, these rulings establish that invisible illnesses are not only real but also legally valid grounds for LTD benefits.
Being denied LTD benefits doesn’t have to be the end of the story. In fact, many people in BC win their claims after appeal — but only if they act quickly and strategically. Here’s how to fight back:
Start by asking for the insurer’s decision in writing. This forces them to clearly state their reasons, whether it’s “lack of objective evidence,” missed deadlines, or surveillance. Having their rationale documented sets the foundation for your appeal.
Review what the insurer says is “lacking,” then fill the gaps. That could mean:
This isn’t about proving your worthiness but rather it’s about creating a record that even an insurer can’t ignore.
Most LTD policies allow an internal appeal. While this step can be worthwhile, you should also prepare for the possibility that the insurer won’t change its decision. Keep copies of all correspondence, timelines, and evidence so you’re ready to escalate if needed.
If the insurer refuses to reverse its denial, that’s when legal action becomes necessary. Having a lawyer with experience in invisible illness claims can make the difference between years of stress and a fair resolution.
I’ve represented countless Vancouver and BC residents who were told “there’s no proof” of their disability. The reality? With the right evidence and legal guidance, many of those same clients went on to win their LTD benefits.
Q: Do I need objective proof to win an LTD claim in BC?
A: No. In Fidler v. Sun Life (2006), the Supreme Court of Canada recognized that invisible illnesses like fibromyalgia and chronic fatigue can support LTD claims even without “objective tests.”
Yes. Canadian courts, including the Supreme Court of Canada in Fidler v. Sun Life (2006), have confirmed that conditions like fibromyalgia, chronic fatigue, and depression can be disabling even without “objective” tests. With strong medical reports and legal support, these claims can succeed.
It can. Insurers often hire investigators or monitor Facebook and Instagram accounts for any photos or posts they can twist against you. A single image of you smiling at a wedding may be used to argue you aren’t disabled — even if it doesn’t reflect your daily reality. Courts know this evidence is limited, but it’s still best to be careful about what you share.
Not every illness shows up on a scan or test. That doesn’t mean it isn’t real. Courts accept symptom journals, third-party statements, and specialist assessments as valid forms of proof. Lay evidence from people who know you well can be just as powerful as lab results.
The earlier, the better. Having a lawyer involved at the start of your claim or right after a denial ensures deadlines are met, evidence is gathered properly, and insurers are held accountable. I’ve seen many claims succeed because the right steps were taken early.
If your LTD claim has been denied, download our Invisible Illness LTD Checklist (PDF) or contact Tim Louis & Company today for guidance.
Living with an invisible illness is hard enough. Fighting with an insurance company shouldn’t add to your burden. The truth is clear: Canadian courts, including the Supreme Court of Canada, have recognized that conditions like fibromyalgia, chronic fatigue, and depression are real, disabling, and valid grounds for LTD benefits.
If your claim has been denied, don’t give up hope. With the right evidence, persistence, and legal support, many people in Vancouver and across BC have successfully turned their LTD denials into approvals.
At Tim Louis & Company, we’ve been helping clients for decades to win LTD claims and regain the stability they deserve. I understand how overwhelming this process can feel, and I’m here to guide you every step of the way.
Take the first step today:
“Tim treated me with compassion and respect when no one else believed my invisible illness was real. With his help, I finally received my LTD benefits. I’ll always be grateful.”
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
By Tim Louis, Vancouver Employment Lawyer
Work shouldn’t make you sick. Yet more and more people in Vancouver and across BC are telling me the same story: escalating workloads, toxic managers, constant emails at night—until the stress becomes anxiety, depression, burnout, or even PTSD. Many workers don’t realize that when stress crosses the line into a diagnosed condition that prevents you from working, it can be a disability under the law—raising both employment rights (accommodation, protection from retaliation) and potential long-term disability (LTD) coverage.
This guide bridges two areas that are too often treated separately: employment law and LTD law. I’ll explain how psychological safety obligations in BC workplaces interact with LTD policies; what evidence turns “workplace stress” into a strong disability claim; and the common mistakes to avoid when your employer or insurer pushes back.
At Tim Louis & Company, I’ve helped workers facing toxic workplace situations protect their jobs, obtain proper accommodations, and—when needed—secure LTD benefits for work stress–related disabilities. If you’re searching for psychological safety claims in BC, wondering whether work stress can qualify for LTD in Vancouver, or exploring a toxic workplace disability claim, you’re in the right place.
In this article, you’ll learn:
If your health is suffering because of work, you’re not alone—and you have options. Let’s walk through them together.
“Workplace stress” isn’t just a buzzword — in BC law, it has real meaning. Under the Employment Standards Act, the Human Rights Code, and WorkSafeBC obligations, employers must provide a workplace that is physically safe and psychologically safe. That means protecting employees from harassment, bullying, and workloads so overwhelming they threaten health.
But not every stressful day at work qualifies as a legal issue. Courts and tribunals in BC look for stress that rises to the level of injury or illness. This often shows up in a medical diagnosis:
In other words, it’s not about “having a tough boss” — it’s about whether your work conditions have pushed you into a medically recognized disability. And once that line is crossed, employment law and LTD law intersect: your employer has a duty to accommodate, and your insurer may owe you disability benefits.
Psychological safety is the legal and moral standard in BC. Employers must ensure workers are not only physically safe but also shielded from harm to their mental health. When they fail, the law provides remedies — and your rights extend into both employment protections and LTD coverage.
Not every bad day at work is a disability. But when stress crosses the line into a medical condition, the law in BC treats it very differently. Courts and tribunals have long recognized that mental health injuries caused by the workplace are real, disabling, and legally protected.
I regularly meet clients whose jobs pushed them past the breaking point. For some, years of a toxic workplace environment led to chronic anxiety or depression. Others developed PTSD after harassment or traumatic incidents at work. Still others describe what’s now widely recognized as burnout—a level of exhaustion so deep that normal functioning is no longer possible.
These are not just feelings. They are clinical conditions—diagnosed by doctors and recognized by our courts and tribunals as genuine disabilities. And when stress reaches this level, it doesn’t just engage your employment rights under the Human Rights Code. It can also trigger your right to long-term disability benefits.
The Supreme Court of Canada confirmed this in Fidler v. Sun Life (2006 SCC 30), where the court held that so-called “invisible illnesses” like fibromyalgia and chronic fatigue are just as valid as visible, physical disabilities. The same reasoning applies here: anxiety, depression, PTSD, and burnout caused by workplace stress are all real disabilities, and LTD insurers cannot dismiss them simply because they lack “objective” lab results.
If you believe your work stress has turned into a disability, you may have both employment law protections and a valid LTD claim. Learn more about how we help with Long-Term Disability claims here »
If you’re thinking about making a claim for stress-related disability, it helps to know what you’re likely to hear in response. Unfortunately, both employers and LTD insurers often push back hard when mental health is involved.
The bottom line? Employers and insurers often try to shut down stress-related claims before they start. Knowing these tactics—and preparing your evidence early—can make all the difference.
When workplace stress becomes a disability, you don’t just have one set of rights—you may have two. Both employment law and disability law give you important protections in BC.
The takeaway: you’re not powerless. Both employment law and LTD law work together to protect your health, your job, and your income.
Courts and tribunals in BC and across Canada have made it clear: stress-related conditions can be true disabilities, worthy of both accommodation and LTD benefits. Three key cases stand out:
These cases confirm what many workers already know from lived experience: stress can be disabling, and both employers and insurers are legally obligated to treat it seriously.
When it comes to LTD claims for stress-related conditions, evidence is everything. Insurers often say, “we need objective proof.” The good news is that courts in BC have confirmed what matters most isn’t a lab test—it’s credible documentation from doctors, specialists, and the people who know you best.
The strongest stress-to-LTD claims usually include:
When these forms of evidence are combined, they give insurers and courts a clear picture of why you can’t work.
For more practical answers, visit our FAQ Hub, where we cover the most common questions about stress, employment rights, and LTD claims.
Can workplace stress qualify me for LTD in BC?
Yes. If stress has led to a medical condition such as anxiety, depression, PTSD, or burnout that prevents you from working, it can qualify as a disability under your LTD policy.
Is stress considered a disability under BC law?
Stress on its own is not enough. But once it becomes a diagnosed medical condition, BC law—including the Human Rights Code—recognizes it as a disability requiring accommodation.
What if my employer won’t accommodate my condition?
You have the right to accommodation up to the point of undue hardship. If your employer refuses, you may have a claim under the BC Human Rights Code or for wrongful dismissal.
What if my LTD claim for stress is denied?
Denials are common. Insurers often argue there is “no objective evidence.” Courts, however, have ruled that stress-related illnesses are valid disabilities. If your claim is denied, it’s important to seek legal advice early to protect your rights.
If stress at work has taken a toll on your health, you have rights under employment law and long-term disability law in BC. At Tim Louis & Company, we’ve spent decades helping workers protect their jobs, secure accommodations, and win LTD benefits.
Tim Louis & Company has decades of experience bridging employment law and LTD claims. Contact us today to protect your health and your future.
“…professional, knowledgeable, but also patient and supportive.” — Joan Rike (★★★★★)
“Very good attention to detail. Friendly and prompt service!” — Bruce Rooney (★★★★★)
“He jumped on calls and answered emails within a business day…” — Mike Lucas (★★★★★)
“Tim and his team were excellent… Highly recommended.” — Vajeh Vali (★★★★★)
“I can’t recommend Tim Louis highly enough…” — Bill K (★★★★★)
📞 Phone: (604) 732-7678
📧 Email: timlouis@timlouislaw.com
Serving clients across Metro Vancouver and all of BC, we’re here to make sure your voice — and your evidence — is impossible to ignore.
To learn more about your rights and options, explore these trusted resources:
BC Human Rights Tribunal – Duty to Accommodate
https://www.bchrt.bc.ca/human-rights-duties/accommodation.htm
WorkSafeBC – Mental Health Claims
https://www.worksafebc.com/en/claims/mental-health
Government of BC – Employment Standards Act
https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice
Disability Alliance BC – Workplace Rights & Benefits
https://disabilityalliancebc.org/
CanLII – BC Employment & Disability Case Law
https://www.canlii.org/en/bc/
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
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
📧 Email: timlouis@timlouislaw.com
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
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
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.
Workplace Stress, Bullying and Disability in BC: When a Toxic Job Becomes a Health Issue By Long-Term Disability Lawyer Tim Louis You are not weak for being affected by a toxic job You might be on stress leave right now, staring at your inbox while your heart pounds every time
Fired or pushed out while on disability in BC – your rights to severance, accommodation and LTD By Long-Term Disability Lawyer Tim Louis If you were fired or pushed out while on disability, you are not alone You might have been on sick leave, stress leave, long term disability, or
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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