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I have been on ltd for 2 years. My condition is very rare. I have gone through a number of misdiagnoses as they try to narrow things down. This caused delays beyond my control. Even now my neurosurgeon is working with two very different and competing diagnoses. Even then, I am very atypical for both. I have been through multiple unsuccessful courses of treatment, including a number of off-label drug uses. One of those drugs contributed to me having a heart attack. Again, much delay in treatment while I recovered. Just as the timing improved from the heart attack, I was diagnosed with prostate cancer. While I attended appointments with my neurosurgeon during this period, he would not take any action while I was undergoing radiation treatment. This caused further delay. During the cancer treatment, a bone scan and follow-up CT and MRI revealed a large tumour on my spine. My neurosurgeon wanted to shift focus to the tumour, as it is atypical and appeared potentially aggressive. He did not want to take any other actions until this was assessed. This caused an additional 6-month delay while I underwent more MRIs and CT scans. Between the delays from cancer treatment and the spinal tumour assessment, I did participate in a trial involving the off-label use of a spinal cord stimulator on my head. It was largely unsuccessful. Of the just over two years I have been off, a significant portion has been consumed by delays completely outside my control. Add in Ontario's healthcare wait times, and I have been at the mercy of circumstances. At the moment, my employer cannot reasonably claim frustration of contract because foreseeability is not, in fact, foreseeable. I could get a call tomorrow to be at the hospital the next day — get a recommendation for next steps, have surgery within the month, achieve a successful outcome and recovery, and be back to work this fall. It seems unlikely a court would side with my employer when: HR has never once contacted me since my leave started to check in or discuss my future. My supervisor (the Assistant Director) only occasionally discussed my situation with me, and almost always at my initiative. During these times, I fully disclosed my current circumstances and health journey. I have not heard from her since November 2025, when she contacted me to follow up on a reference request — despite me being off — for a former employee. I took the opportunity to update her then. HR did not ask for clarification from my neurologist or neurosurgeon on timing issues, when I might reasonably see the specialist, or the potential range of outcomes. They centred only on a vague response from my family doctor essentially saying he doesn't know what he doesn't know. At any point during my time off they could have replaced me temporarily — and even now they could. Instead, they chose to post my position permanently with no discussion of any kind with me, despite my offer of an in-person meeting and my openness to providing any clarification they might need. This suggests bad-faith dealing with little regard for my dignity, my tenure of service, or my health status.  They did not even have the common decency to alert me to the form being sent by Purolator.  Not expecting a package I actually deleted the first two notices as the usual Purolator-linked spam. As a municipal employer, they should know better than to act with such callousness and rush to judgment without a fulsome picture. I remain committed to returning to work and have communicated this consistently. My employer's actions have not reflected the same commitment to exploring that return. To date they have not even responded to my email asking if they received my forms several business days later. Am I wrong in thinking this is way over the line for acceptable treatment for a 20 year plus supervisory employee to be treated?

Thank you for your question. This is a complex issue that will depend, among other things, as to the nature of the most recent medical documents that you have setting out your prognosis.

It is strongly recommended that you contact us at the number below for a consultation, at which time we can determine whether the employer can establish frustration of contract and/or if there is a human rights violation.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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