Legal Answers You Can Trust — Straight from a Vancouver Lawyer
At Tim Louis Law, we believe real people deserve real answers. That’s why we created this comprehensive FAQ Hub — your go-to legal resource for long-term disability claims, employment law, wills and estate planning, probate litigation, and personal injury. Whether your LTD claim was denied or you’re navigating a workplace dismissal, these expert-backed answers are written for BC residents and updated to reflect current law. Every question helps you understand your rights — and take your next step with confidence.
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Long-Term Disability FAQs
1. What should I do if my LTD claim is denied?
Request the denial letter, read it carefully, and speak to a disability lawyer immediately. In BC, you typically have 60–90 days to appeal and 2 years to file legal action.
[Download: 7 Steps After an LTD Denial] | [Book a Free Consultation]
2. How long do I have to appeal an LTD denial in BC?
Most LTD policies allow 60 to 90 days for an internal appeal. However, under the Limitation Act of BC, you have 2 years from the date the application was made to file a lawsuit. Don’t delay.
3. What conditions qualify for long-term disability benefits?
Qualifying conditions include chronic pain, autoimmune diseases, cancer, depression, anxiety, PTSD, fibromyalgia, and other physical or psychological impairments that prevent you from working.
4. Can I get LTD for a mental health condition?
Yes. Conditions like depression, anxiety, PTSD, and burnout can qualify for LTD if they prevent you from performing your job duties. Medical documentation is key.
5. What is the difference between “own occupation” and “any occupation”?
"Own occupation" means you can’t perform your current job. "Any occupation" means you can’t perform any job you’re reasonably suited for. Most LTD policies switch to “any occupation” after 2 years.
6. Can I apply for LTD if I’m self-employed?
Yes, if you have a personal disability insurance policy. You must prove you cannot do the duties of your specific role. A lawyer can help navigate this.re reasonably suited for. Most LTD policies switch to “any occupation” after 2 years.
7. Why do insurers often deny LTD claims?
Common reasons include “lack of objective evidence,” surveillance footage misinterpretation, vague doctor notes, or claims for invisible illnesses. Many denials are unjustified.
8. Can I work part-time and still receive LTD benefits?
It depends on your policy. Some allow “partial disability” benefits. Others may reduce or cut your benefits. Check your policy or ask a lawyer to review it.
9. What if my LTD benefits are suddenly terminated?
Insurers may cut off benefits after 2 years or due to surveillance. If this happens, gather your medical records and speak with a lawyer immediately.
10. Will social media affect my LTD case?
Yes. Insurers often review social media posts and may misinterpret pictures or comments as evidence you’re not disabled. Be cautious.
11. Do I need a lawyer to appeal an LTD denial?
While not required, working with a lawyer greatly increases your chance of success. They understand how to frame evidence and fight insurer tactics.
12. What medical evidence helps support my claim?
Strong LTD claims include detailed doctor’s notes, functional capacity assessments, psychological reports, and personal symptom diaries.
13. What is a functional capacity evaluation?
It’s a test performed by specialists to assess your ability to perform work-related tasks. This can be a powerful piece of evidence in LTD claims.
14. Can I appeal more than once if I’m denied again?
You can submit multiple appeals, but it’s usually more effective to pursue legal action after one strong appeal. A lawyer can guide you on the best course.
Employment FAQs
1. Can I be fired without cause in British Columbia?
Yes — but your employer must provide adequate notice or severance. Without cause doesn’t mean without consequences. You may be entitled to compensation.
2. What is considered wrongful dismissal in BC?
A dismissal is wrongful if you’re let go without proper notice, severance, or legal justification. If your rights under the Employment Standards Act or common law were violated, speak with a lawyer.
3. How much severance am I entitled to?
Severance depends on your length of service, age, job type, and likelihood of re-employment. Some employees are owed far more than the minimum under the Employment Standards Act.
4. What is constructive dismissal?
Constructive dismissal occurs when your employer changes fundamental terms of your job without consent — like cutting your hours, pay, or demoting you. You may be entitled to compensation.
5. Can I be fired while on medical leave or disability?
No. Firing someone due to illness or disability may violate human rights laws. If this happens, legal action may be appropriate.
6. What should I do if I’m facing workplace harassment?
Document the behaviour, report it internally, and seek legal advice. You may have grounds for a human rights complaint or constructive dismissal.
7. Does my employer have to give me a reason for termination?
Not always — but if you're terminated without cause, they must provide reasonable notice or severance. A lawyer can assess if what you received was fair.
8. I was asked to sign a release — should I?
Never sign a termination or severance agreement without legal advice. You may be giving up rights to much greater compensation.
9. Am I protected against discrimination in the workplace?
Yes. BC’s Human Rights Code prohibits discrimination based on race, gender, disability, age, religion, and more. Legal help can protect your rights.
10. What’s the difference between the Employment Standards Act and Common Law?
The ESA sets minimum protections. Common Law often provides greater severance and rights — especially for long-term employees. A lawyer can explain your full entitlements.
11. Can I sue my employer for emotional distress?
Possibly — especially if the distress stems from harassment, bad faith dismissal, or a toxic workplace. You may also have a human rights or wrongful dismissal claim.
12. What happens if I quit — do I still get severance?
Normally, no — but if you were constructively dismissed, quitting may still entitle you to compensation. Don’t resign without legal advice.
13. Can I be terminated during probation?
Yes, but even probationary employees have basic legal rights. If discrimination or bad faith is involved, a claim may be possible.
14. Do I have to accept a new role to avoid termination?
No. If the new role is substantially different or a demotion, you can refuse and may be entitled to severance.
15. How do I book a consultation with an employment lawyer?
You can call Tim Louis Law at 604-732-7678 or use our online form. The consultation is free — and it may protect your future.
Wills & Estate Planning FAQs
1. Do I need a lawyer to make a will in BC?
While you can write a will yourself, working with a lawyer ensures it’s legally valid, properly witnessed, and tailored to your wishes — avoiding costly issues later.
2. What happens if I die without a will in British Columbia?
Your estate will be distributed under BC’s Wills, Estates and Succession Act (WESA). This may not reflect your intentions and could lead to conflict among your heirs.
3. Who should I choose as my executor?
Choose someone trustworthy, organized, and able to handle paperwork, money, and family dynamics. A lawyer can guide you on choosing and preparing your executor.
4. Can I leave someone out of my will?
In BC, you can’t always disinherit close family members without risk of a wills variation claim. A lawyer can help minimize disputes and protect your wishes.
5. What is a Power of Attorney, and do I need one?
A Power of Attorney allows someone to manage your financial affairs if you become incapacitated. It’s an essential part of a complete estate plan.
6. What’s the difference between a will and a trust?
A will distributes assets after death. A trust can hold and manage assets during your life or after death, offering privacy and control. We’ll help you decide what’s best.
7. Can I update my will after it’s signed?
Yes. You can update a will through a legal document called a codicil, or by creating a new will entirely. Major life changes often require updates.
8. When should I make or update my will?
After major life changes — such as marriage, divorce, having children, or acquiring property. It’s also wise to review your will every few years.
9. Can I name a guardian for my children in my will?
Yes. Your will is the proper place to name a guardian for minor children. This can help avoid disputes and give peace of mind.
10. How can I reduce taxes on my estate?
Effective planning can reduce probate fees and taxes using trusts, joint ownership, gifts, and charitable donations. A lawyer can guide your strategy.
11. What is a representation agreement in BC?
It’s a legal document allowing someone to make healthcare decisions on your behalf if you’re unable. It works alongside a Power of Attorney.
12. How do I make sure my spouse is protected?
With proper estate planning, including your will, beneficiary designations, joint ownership, and possibly a spousal trust. Don’t leave this to chance.
13. Are online wills legal in BC?
Technically, yes — if they meet the formal requirements. But DIY wills often create problems. We strongly recommend working with a lawyer.
14. What is probate, and does every will go through it?
Probate is the legal process of validating a will and allowing the executor to distribute the estate. Some assets may pass outside probate, depending on how they’re owned.
15. How do I start my estate plan?
Start with a free consultation. We’ll guide you through wills, powers of attorney, and other tools to protect your loved ones and your legacy.
1. What is estate litigation in BC?
Estate litigation refers to legal disputes over wills, inheritances, executors, or mental capacity after someone passes away. It often involves challenging or defending a will in court.
2. Can a will be challenged in British Columbia?
Yes. Wills can be challenged due to undue influence, lack of capacity, improper execution, or if it fails to make adequate provision for a spouse or child under the Wills, Estates and Succession Act (WESA).
3. Who can challenge a will in BC?
Typically, spouses (including common-law) and children can challenge a will. Other parties may have standing depending on their relationship and the circumstances.
4. What is the Wills Variation Act?
This BC law allows spouses and children to apply to court if a will doesn’t make “adequate, just and equitable” provision for them. The court can change the distribution of the estate.
5. What is probate, and why is it needed?
Probate is the court process that validates a will and appoints an executor. It gives legal authority to manage and distribute the estate.
6. Do all estates need to go through probate?
No. Small or simple estates, or those with assets held jointly or with named beneficiaries, may avoid probate. A lawyer can assess your situation.
7. How long does probate take in BC?
Probate typically takes 3–6 months, but can take longer if the estate is complex or if there are disputes.
8. What is undue influence in a will?
Undue influence happens when someone pressures or manipulates a vulnerable person into changing their will. It’s a common ground for contesting a will in estate litigation.
9. Can a person with dementia still make a will?
Only if they have testamentary capacity — meaning they understand the nature of a will and the effect of their decisions. If not, the will can be challenged.
10. Can I remove an executor who isn’t doing their job?
Yes, if an executor is acting improperly, neglecting duties, or causing harm to the estate. A court application may be needed to remove or replace them.
11. What happens if someone dies without a will?
The estate is distributed according to BC’s intestacy laws. Family members may still need to apply to court for administration. Disputes can arise over who manages or inherits.
12. How much does estate litigation cost?
Costs vary based on the complexity and whether the case settles or proceeds to trial. At Tim Louis Law, we aim to resolve matters efficiently and with care.
13. Can siblings dispute a will in BC?
Siblings don’t automatically have standing to challenge a will unless they were dependents or beneficiaries. However, they may be involved if undue influence or capacity is in question.
14. Can I contest a will after probate is granted?
Yes — but it’s harder. If you believe a will is invalid, act quickly. Legal advice is critical before and after probate is granted.
15. How do I get started with an estate litigation lawyer?
Contact Tim Louis Law for a free consultation. We’ll review your situation, explain your rights, and help you protect what’s fair and lawful.
1. What should I do right after a personal injury accident in BC?
Seek medical attention, document the scene, get witness information, and report the incident. Then contact a personal injury lawyer before speaking to insurers.
2. How long do I have to file a personal injury claim in BC?
You generally have 2 years from the date of injury to file a lawsuit under BC’s Limitation Act. Some exceptions apply — act quickly.
3. What types of personal injury cases does Tim Louis Law handle?
We represent clients injured in slip-and-fall incidents, dog bites, burn injuries, and more. If it wasn’t your fault, we’ll help you seek compensation.
4. How much is my personal injury case worth?
It depends on the severity of your injury, lost income, medical costs, and impact on your daily life. Every case is unique — speak with a lawyer for a personalized assessment.
5. Do I need a lawyer for a minor injury?
Even minor injuries can worsen over time. A lawyer ensures your rights are protected, medical documentation is thorough, and you don’t settle too soon.
6. What is pain and suffering compensation?
It refers to damages for physical and emotional suffering caused by your injury. In BC, courts assess this using case law and individual circumstances.
7. Can I still claim if I was partially at fault?
Yes. BC uses a system called contributory negligence, meaning you may still receive compensation even if you were partially to blame — it may be reduced accordingly.
8. What if I was hit as a pedestrian or cyclist?
You may have a strong claim. BC law provides protection for vulnerable road users. We regularly help injured pedestrians and cyclists recover damages.
9. What are ICBC’s new rules, and do they affect my case?
Since 2021, ICBC follows a no-fault model. You may still qualify for benefits, but your right to sue is limited.
10. What is a “mild traumatic brain injury” and why does it matter?
MTBI or concussion symptoms may be subtle but long-lasting. They often go undiagnosed. A personal injury lawyer ensures you’re fully assessed and compensated.
11. Can I sue for emotional distress after an injury?
Yes — especially if trauma, anxiety, PTSD, or psychological impacts result from the incident. Document symptoms and speak with your doctor and lawyer.
12. What if I can’t work because of my injury?
You may be entitled to wage loss damages or disability benefits. We’ll calculate your losses and fight for fair compensation.
13. What’s the difference between settlement and going to court?
Most personal injury claims settle out of court. If the insurer refuses a fair amount, we’re fully prepared to go to trial.
14. How do I know if I have a personal injury case?
If you were injured and it wasn’t your fault, you may have a claim. Contact us for a free review — it costs nothing to find out.
🔁 This page is part of our Living Content System™ and reviewed regularly for accuracy and legal compliance.
🕒 Last reviewed: by Tim Louis, Long Term Disability Lawyer in Vancouver
