Legal Research
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FM & ME/CFS Legal Research
FM-CFS Canada's research project:
Objective: To lower patients' legal costs.
Objective: To help more patients and lawyers win their cases, to advance case law.
Strategy: Identify the information lawyers find helpful, organise for easy comparison.
Invite Pro Bono law students to do the research, with lawyers to oversee them.
Organise and share the research freely.
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What this legal research is, and isn't:
A review of FM & ME/CFS cases to record selected facts and opinions.
This comparative data can help assess what works and what does not.
Note, there are many aspects of the cases not being measured.
The research saves lawyers from doing the research over and over.
A lawyer is beginning to review it to write a summary.
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To come: We'll be adding research from more provinces, more areas of law.
The Cases Researched:
The research applied questions to every case. The observations may help, they may not.
The research information will be published as PDF booklets, each focussed on a domain of law.
Canada Pension Plan - Part 1 - 93 page PDF document
Canada Pension Plan - Part 2 - 80 page PDF document
Canada Pension Plan - Part 3 - 91 page PDF document - NEW as of February 2007
Ontario insurance case law - 80 page PDF file
British Columbia law - 5 Labour Law cases, added March 27, 2007
Copyright: Free use with accreditation.
Our Thanks
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Thanks to Pro Bono Canada from FM-CFS Canada
This research initiative is made possible by Pro Bono Students Canada and some fine lawyers who donate their time. Starting almost two years ago at the University of Ottawa, Pro Bono law students began to research Ontario's FM & ME/CFS cases. This year the team began researching CPP cases. Now a group at the University of British Columbia has joined, with others from Osgoode, Queens, and Windsor. Each has a lawyer overseeing their work, with a national project coordinator, Sarah Jane Harvey, from the University of Ottawa. A Tremendous thank you from FM-CFS Canada.
Apart from Sarah Jane's work to involve so many schools and coordinate their work, we thank the Pro Bono coordinators who helped us find this fine Ottawa team, Antoinette and Courtney.
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Our thanks too for the guidance of Ted Masters, an Ottawa lawyer experienced in FM & ME/CFS cases, who developed the vision and the original template for the research. Joe Murphy, Q.C., in B.C., works with the University of British Columbia students. Two Toronto lawyers, David Share who oversees the Queens University students and Hugh Scher, teamed with the Osgoode Hall students, bring more talent to the initiative.
Search only our data:
Disclaimer Notice:
This information was kindly collected by volunteer law students under the limited guidance of a lawyer, all for a good cause.
This information is provided free, has not been double-checked, and is not intended to replace the advice of a lawyer.
FM-CFS Canada does not guarantee the accuracy of the information, and is not liable for any use of it.
Click4Charity! Raised $1000 for FM-CFS Canada in 2006!
FMS & ME/CFS lawyer Ted Masters donated the matching contribution!
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Links:
Legal Resources, Government Info, Non-Government.
The Canadian Legal Information Institute (CanLII)
CanLII makes primary sources of Canadian law accessible for free, funded by the Federation of Law Societies of Canada.
The Canadian Legal Lexpert Directory
Federal Disability Tax Credits, etc.
Federal T2201 Disability Tax Credit Certificate - pdf
CPP - Pension Appeals Board
Disability Vocational Rehabilitation Program
A Physician's Guide to Canada Pension Plan Disability Benefits
CTV: W-Five: how the insurance industry denies, denies, denies
Dateline article on how insurance companies misuse doctors to their own ends
Persons with Disabilities, Federal site
The Access to Justice Network (ACJNet)
PovNet - a variety of resources
ARCH Disability Law Centre
The Internet Law Library (US site)
Selected FM & ME/CFS cases:
Supreme Court of Canada, Fidler v. Sun Life, June 29, 2006
Supreme Court of Canada, Bracklow v. Bracklow, 1999
Supreme Court of Canada, Nova Scotia v Donald Martin, 2003
Ont. Labour law: Landmark decision against Honda (49 pages - pdf)
Govt. Quebec v. Syndicat des professionnelles - full text of case. 1998
Fibromyalgia Long Term Disability - Case study
Writings By Lawyers familiar with FM & ME/CFS cases:
Disability Law Guide - FAQ style
Chronic Illnesses From an Employee’s Perspective
Article - Disability insurance in Ontario
Strategies, Approaches and Considerations for a Statement of Claim
Managing the Plaintiff's Chronic Pain, Fibromyalgia and Chronic Fatigue Case
A Layman's Guide to ICBC Part 7 Benefits
Disability Insurance follow-up - strategies
Choosing a Lawyer
Expert Witnesses
What are the usual steps or procedures in a lawsuit?
Not every court decision can be appealed. Which ones can?
Insurance company Activity Reports
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