Soave v. Stahle Construction Inc.
Stahle Construction Inc.
Law Firm / Organization
Sullivan Mahoney LLP
Roberto Soave
Law Firm / Organization
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
Employment law
$ 17,500
Respondent