What is the test for arbitrable disability benefits?

Manitoba, Canada


The following excerpt is from Giesbrecht v. McNeilly et al., 2008 MBCA 22 (CanLII):

24 In 2005, the court again considered this issue. In Vaughan v. Canada, 2005 SCC 11, [2005] 1 S.C.R. 146, the court was dealing with a claim for certain benefits that, under the applicable legislation, was grievable but not arbitrable. It was not arbitrable because those benefits had been conferred by the federal government employer unilaterally by regulation, and not by a collective agreement.

Other Questions


Can a person who is unable to pay for a long-term disability care plan have access to disability benefits? (British Columbia, Canada)
Does the fact that an adult child suffering from illness or disability receives disability benefits, other forms of government assistance or from family members, or does this have any bearing on whether they can withdraw from parental charge? (Ontario, Canada)
In what circumstances will the Court of Appeal in South Africa order that the beneficiaries of a disability benefit be considered to be beneficiaries of the disability benefits scheme? (British Columbia, Canada)
What is the definition of total disability under s. 80(1) of the Employment Benefits Act? (British Columbia, Canada)
What is the current state of the law on non-compensationary and compensatory benefits for a woman who was found to be unable to work after a long-term disability? (British Columbia, Canada)
What is the test for determining the allocation of a plaintiff’s disability benefits? (British Columbia, Canada)
In what circumstances will an insurer be required to continue to pay disability benefits to an insured who has been spied on by the insurer? (British Columbia, Canada)
Can an insurer set requirements for disability benefits in a non-discriminatory manner? (Ontario, Canada)
What is the effect of long-term disability benefits when a plaintiff is dismissed on the grounds that the employer is having economic difficulties? (British Columbia, Canada)
What is appropriate support for a 16-year-old who has been awarded a disability benefits order for her education? (British Columbia, Canada)