Soave v. Stahle Construction Inc.

Firms involved

Sorbara, Schumacher, McCann LLP, Sullivan Mahoney LLP
Stahle Construction Inc.
Law Firm
Sullivan Mahoney LLP
Lawyer(s)

Danielle Thomas

Lesley K. Parsons

Roberto Soave
Law Firm
Sorbara, Schumacher, McCann LLP
Lawyer(s)

Justin Heimpel

Key Facts:

  • Roberto Soave was employed as a construction site supervisor by Stahle from October 2013.
  • In January 2014, Soave went on medical leave for a hernia surgery.
  • In March 2014, while awaiting surgery, Soave was involved in a car accident, resulting in total disability.
  • Soave's benefits under Stahle’s group health plan were terminated in January 2014, when the company claimed he had resigned.
  • Soave sued for breach of contract, seeking long-term disability (LTD) benefits.

Lower Court Decision:

  • The trial court found that Stahle wrongfully terminated Soave’s LTD coverage and awarded him damages and costs.

Appeal Issues:

  1. Whether Soave was eligible for LTD benefits under the group plan.
  2. Whether Soave was disabled as of January 27, 2014 (before the accident).

Appellate Court Findings:

  • The court upheld the trial judge’s decision that Soave was already disabled when he went on leave.
  • The trial judge was entitled to conclude Soave’s hernia prevented him from performing his job duties.
  • Stahle’s arguments that Soave had resigned or was not disabled were dismissed.

Conclusion:
The appeal was dismissed, and Stahle was ordered to pay costs of $17,500.

Court of Appeal for Ontario
COA-23-CV-1279
Labour & Employment Law
$ 17,500
Respondent