Saskatchewan Court of Appeal Upholds Right to Sue for LTD Benefits

If you have been denied long term disability (LTD) benefits by either PEBA or its successor Plannera, you may now be able to proceed with legal action to recover your benefits as a result of this recent decision in the Saskatchewan Court of Appeal.

On February 20, 2025, the Court of Appeal for Saskatchewan released the long-awaited decision in Government of Saskatchewan v. Banerjee, 2025 SKCA 23, upholding the decision of Court of King’s Bench decision in 2024 SKKB 19, Regina, which found that Ms. Banerjee’s claim for LTD benefits was properly being pursued through the Courts.

The background to how this dispute came before the Court of Appeal is summarized as follows:

• Some years ago, Ms. Banerjee sued PEBA (Government of Saskatchewan) for wrongful denial of her LTD benefits.
• Benefits were denied on March 14, 2016 and was further denied on two appeals, the last being denied on June 16, 2016. She has received no benefits since April 1, 2016.
• PEBA brought a motion to challenge the jurisdiction of the Court to hear the case and ultimately took the position that her case was subject to judicial review rather than a regular civil action. They had also initially suggested that she should have sought relief through her union filing a grievance, which was not pursued by PEBA.
• PEBA and Plannera provide LTD benefits through a self-insured, multiple-employer plan, known as Public Employees Disability Income Plan for Certain Public Employees in the Province of Saskatchewan (funded by the Government of Saskatchewan through the general revenue fund and administered by Canada Life).
• The Court of Appeal dismissed the appeal on the basis that the decisions of the Disability Income Plan (DIP) do not have the characteristics of a government administrative or adjudicative decision that would be subject to judicial review.

While the decision is quite technical, the result is that cases that were in limbo awaiting this decision can now proceed through the usual litigation process. If your claim has been denied in the past, or recently, there are certain deadlines that apply to being able to proceed with your claim, however, if you have such a case, we encourage to seek out legal advice to determine whether you can take action to pursue the recovery of your LTD benefits.

Contact Share Lawyers today and let our experience work for you. Our 35+ years of experience can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis—there are no fees unless you win your case.