When you’re struggling with a serious illness or injury, paperwork is often the last thing on your mind. Applying for Long-Term Disability (LTD) benefits can feel overwhelming—especially when you’re coping with chronic pain, fatigue, or mental health conditions.

Unfortunately, many people discover their LTD claims are denied because they missed the deadline to apply or didn’t submit the “proof of disability” on time. Insurers often argue that a late application means you automatically lose your right to benefits.

But here’s the truth: Ontario courts have consistently ruled that missing a deadline does not necessarily mean your LTD claim is over.

At Mulqueen Disability Law, we have successfully represented clients whose insurers tried to shut down their claims due to missed deadlines. By relying on strong case law and presenting compelling medical evidence, we’ve helped clients win back the benefits they deserve.

In this post, we’ll explain:

• Why missing an LTD deadline may not be fatal to your claim
  
• The difference between limitation periods and proof-of-claim deadlines
  
• What the courts have said in recent cases
  
• How Mulqueen Disability Law can help if your claim was denied
  

Understanding LTD Deadlines: Limitation Periods vs. Proof of Claim

It’s important to understand that not all deadlines are the same.

• Limitation periods: These are legal deadlines, usually two years, that limit how long you have to start a lawsuit in court. If you miss a limitation period, you may lose your right to sue. Learn more about limitation periods in LTD claims.
  
• Notice or proof-of-claim deadlines: These are deadlines written into insurance policies requiring you to notify the insurer of your disability or provide proof of claim (often within 90 days of the elimination period or when your LTD benefits start).
  

Ontario courts draw a clear line between these two. Missing a proof-of-claim deadline is considered “imperfect compliance” rather than outright failure. This means the courts can excuse the delay through a legal safeguard called relief from forfeiture.

What Is Relief from Forfeiture?

Relief from forfeiture is a legal principle that protects claimants from losing out on benefits due to technical breaches of their insurance policy. Courts use it when:

1. The breach was not intentional or reckless,
   
2. The claimant has a valid underlying right (in this case, disability benefits), and
   
3. The insurer hasn’t suffered real prejudice because of the delay.
   

This principle is especially important for LTD claimants who may be too sick, cognitively impaired, or unsupported by their employers to apply on time.

Key Cases That Protect Claimants

Several landmark cases illustrate how the courts apply relief from forfeiture to LTD claims:

• Falk Bros. Industries Ltd. v. Elance Steel Fabricating Co. (SCC, 1989)
  The Supreme Court of Canada confirmed that failing to give notice within a policy deadline is not fatal. It’s imperfect compliance, and courts can excuse the delay if no real harm occurred.
  
• Shwaluk v. HSBC Bank of Canada (ONCA, 2023)
  Ontario’s Court of Appeal ruled that failing to submit a proof of loss on time for LTD benefits may still be forgiven under relief from forfeiture.
  
• MacIvor v. Pitney Bowes (ONCA, 2018)
  The Court of Appeal granted relief where a claimant missed the 90-day requirement to file proof of claim, emphasizing that technicalities should not strip away valid coverage.
  
• Nguyen v. SSQ Life Insurance Company (ONSC, 2014)
  Even though the claimant applied more than three years late, the court still allowed his LTD claim to proceed, because the insurer wasn’t truly prejudiced—the medical records proved ongoing disability.
  

These cases send a clear message: missing a policy deadline does not automatically end your LTD claim.

A Real-World Example

At Mulqueen Disability Law, we represented a client who had been disabled for many years but didn’t apply for LTD benefits right away. He suffered from severe mental health challenges and chronic pain, and neither his employer nor the insurer offered clear guidance on how to apply.

Years later, after being approved for Canada Pension Plan Disability (CPP-D) benefits, he discovered his LTD coverage. By then, the insurer argued it was “too late.”

We fought back, showing that:

• His disability had been continuous and well-documented by medical evidence.
  
• He applied as soon as he had the capacity to do so.
  
• The insurer had full access to his medical records and wasn’t prejudiced by the delay.
  

This type of case highlights why it’s so important to seek legal advice if your claim is denied. Insurers may try to rely on technicalities, but the courts often side with claimants in these circumstances.

Why Insurers Push Back on Late Claims

From a financial standpoint, insurers save money by denying claims based on missed deadlines. They know that many people living with disabilities feel overwhelmed, isolated, and unsure of their rights. By relying on policy wording, insurers may hope claimants will give up without a fight.

But Ontario law doesn’t allow insurers to rely on technicalities where there’s no real prejudice to them. If you have medical evidence showing that you’ve been disabled, you may still have a strong case—even if you missed the deadline to submit your LTD claim.

For more examples of how insurers deny LTD claims, see our blog on common reasons long-term disability benefits are denied.

What This Means for You

If your LTD claim has been denied for being “late,” here are some key takeaways:

1. Don’t give up. Just because your insurer says you missed the deadline doesn’t mean your claim is over.
   
2. The law supports you. Courts often excuse late applications under relief from forfeiture.
   
3. Medical records are crucial. If your condition has been documented, the insurer may have no real grounds to argue prejudice.
   
4. Your circumstances matter. Courts consider whether your health made it harder to understand or pursue your claim.
   
5. Legal advice is key. Disability law is complex, and having an experienced lawyer can make all the difference.
   

How Mulqueen Disability Law Can Help

At Mulqueen Disability Law, we focus exclusively on STD and LTD disability claims. Our team is Trauma-Informed Certified, which means we work with compassion and understanding, accommodating our vulnerable clients, while protecting their legal rights.

We’ve helped clients secure LTD benefits even after insurers claimed they were out of time. We know the case law, we know the tactics insurers use, and we know how to build strong arguments that hold up in court.

If your LTD claim has been denied—whether for missed deadlines, lack of medical evidence, or any other reason—contact us today for a free consultation.

Frequently Asked Questions About Missed LTD Deadlines in Ontario

Q: What happens if I miss the deadline to apply for long-term disability benefits in Ontario?
A: Missing the proof-of-claim deadline in your LTD policy does not always end your claim. Ontario courts may excuse late applications under a principle called relief from forfeiture, especially if you have strong medical evidence and the insurer is not harmed by the delay.

Q: What is the difference between a limitation period and a proof-of-claim deadline?
A: A limitation period is a strict legal deadline (usually two years) to start a lawsuit in court. Missing it can permanently bar your claim. A proof-of-claim deadline, written in your LTD policy, is less strict—courts may forgive delays if you can show ongoing disability.

Q: Can I still qualify for LTD benefits if I applied years late?
A: Yes. In some cases, Ontario courts have allowed LTD claims even when applications were filed years late. If your disability is well-documented and the insurer hasn’t been prejudiced, you may still succeed.

Q: Do I need a lawyer if my LTD claim was denied for being late?
A: Yes. LTD claims are complex, and insurers rely on technicalities to deny benefits. An experienced Ontario disability lawyer can argue for relief from forfeiture and help you fight for the benefits you deserve.

Q: How can Mulqueen Disability Law help with my LTD claim?
A: Our team is Trauma-Informed Certified, meaning we approach every case with compassion and expertise. We have successfully secured LTD benefits for clients who were initially denied for missing deadlines. Contact us for a free consultation.

Contact us for a Free Consultation

Mulqueen Disability Law specializes in hard-to-prove long-term disability claims for “Invisible Conditions” such as mental illness (depression, anxiety, PTSD) and chronic conditions (pain, neurological, immunological, concussion, post-COVID)  Contact us for a free confidential consultation.

Mulqueen Disability Law is a boutique law firm, focused on litigating long-term disability insurance benefit claims. Courtney Mulqueen and her team of legal professionals are Trauma-Informed Certified and have over two decades of experience exclusively in the area of long-term disability law. She and her team draw on their “insider” experience working for the insurance companies (including, Canada Life, Sun Life, Manulife, and OTIP), that they now sue for their clients.  

The preceding is not intended to be legal advice. This blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog, you understand that there is no solicitor client relationship between you and the blog publisher. The blog should not be used as a substitute for competent legal advice from a licensed lawyer in your jurisdiction. If your disability claim has been denied and you require legal advice, please contact a lawyer specializing in disability law.