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Law.Hut
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Category: Canada Law
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Long Term Disability Policy, Ontario, Canada

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I am receiving long term disability.  I have reviewed the detail of the policy, and there are two separate ways of calculating the monthly payment.  I am aware of the term contra proferentem, however I do not know if this is considered an ambiguity.  The Glossary of the policy is very clear on how my monthly payment is calculated, however in the body of the policy the calculation is different.

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Customer: replied 3 years ago.

Yes, I have changed my question if you are able to look at it again.

Yes, the question is a available now.

That is a typical situation where contra proferentum would apply. The glossary usually considered as part of the policy itself (that is the normal language used), and is intended to be binding and not merely as an aid to interpret the policy. Even as just such an aide, the inconsistency between the glossary method and that in the body of the policy could leave the court to apply contra proferentum to use the interpretation that is most advantageous to you. The document is internally inconsistent, and that creates ambiguity that possibly cannot be resolved any other way.

Customer: replied 3 years ago.

Are you a Canadian lawyer and do you know of any cases on point that I can refer to?

Yes I am a Canadian lawyer. Doing caselaw research or providing lists of case lies beyond the scope of this site. We are not allowed to perform legal services. I cannot often know of any cases dealing with that issue.

You can look for cases by searching terms at the following free web address:

http://www.canlii.org/en/


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