The BC Human Rights Tribunal has dismissed a human rights complaint against Canada Life after finding that the benefit administrator reasonably adapted its process for collecting ongoing proof of disability. Dr. Rogers was receiving long term disability benefits through a workplace plan. The plan required claimants to periodically confirm that they continued to meet the definition of disability and remained eligible for benefits. Canada Life normally used two forms for that process. One was completed by the claimant and another by a physician. Rogers did not dispute that ongoing proof of disability could legitimately be required. Her complaint focused on how Canada Life asked for it. She said repeated requests for the forms were punitive and traumatic, that the process did not sufficiently account for her mental disability and that the possibility of losing benefits added to the distress. The Tribunal found that Rogers had established the first stage of a discrimination claim in relation to one part of the process.
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