Schjerning Mediations

Eric Schjerning is an author, a former litigator, and currently a mediator with over 38 years of experience in the world of LTD and life insurance law.

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Eric Schjerning

In his career Eric has worked as in-house litigation counsel, as Vice-President of Litigation, and as Director of LTD and Life Insurance Claims for a large Canadian life insurance company. Following these roles Eric practiced for 10 years as a Partner in the insurance litigation defense group at Blaney McMurtry LLP in Toronto before becoming a full-time mediator of LTD, Life and other insurance claims in 2013. Eric is author of the leading text on Disability Insurance Law in Canada and of Eric’s LTD Update Newsletters, a sought after speaker, and an expert in LTD and life insurance law with nearly 40 years of experience in these fields. Roughly 25% of Eric’s mediations include employment law issues.

As well as having literally written the book on disability insurance law in Canada, Eric is also the leading expert in Canada in mediating individual disability, critical illness and life insurance misrepresentation lawsuits. This is based on Eric’s many years of working with both internal and independent expert underwriting witnesses and on Eric’s arguing two of the leading cases re the law of misrepresentation:  Silva v. Sizoo and Canada Life (1999) I.L.R. I-3682 (Ont. Gen. Div.), and Stewart v. Canada Life (2000) I.L.R. I-3792 (Ont. S.C.J.) affirmed (2000) CarswellOnt 2720 (Ont. C.A.).

EDUCATION
  • B.A., 1981, Queen’s University
  • LL.B., 1984, Queen’s University
  • Called to the Bar of Ontario, 1986
  • F.L.M.I. (Fellow of the Life Management Institute), 1996
  • Executive Certificate in Conflict Management, University of Windsor and Stitt Feld Handy, 2016
MEMBERSHIPS

Eric is a member of:

  • The Canadian Academy of Distinguished Neutrals
  • The ADR Institute of Ontario
  • The Law Society of Ontario

LITIGATION EXPERIENCE

Eric has appeared numerous times before the Ontario Court of Justice (General Division), the Ontario Superior Court of Justice, the Ontario Court of Appeal, and the Ontario Human Rights Commission.

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What LTD lawyers say about Eric

While the following list is of course by no means exhaustive and omits many hundreds of excellent LTD counsel, the following lawyers are all experienced, highly respected LTD counsel who have mediated at least 4 matters with Eric:

“Eric is authoritative yet approachable and helps create practical pathways to resolution.”

“Eric is a dynamic, effective, and (with his background as a successful trial lawyer) highly credible mediator. Eric will settle your case.”

“Extremely knowledgeable. My clients feel they can entrust Eric with their futures.”

“Eric is the leading authority on disability benefits. As a mediator he is knowledgeable, insightful and fair. Eric works hard to settle each case.”

“Eric makes my clients feel important and engaged and explains things in an easy to understand manner. Eric works hard with all parties for a mutually acceptable resolution and conveys to all the uncertain result of trials.”

“With his vast LTD industry experience and because he speaks their language and understands the insurance business, Eric is trusted by my insurance clients.”

“Eric cares. Eric has been there. Eric listens.”

“Eric’s sense of humour really helps relax my clients.”

Most plaintiffs are emotionally charged and quite anxious by the time they reach mediation. Eric seems to disengage their anxiety levels and negative emotions almost every time. Eric’s positive language and ability to disagree with plaintiffs without being disagreeable certainly enhances the mediation process and increases the chances for a successful mediation.

Eric is a “think outside the box” type of mediator. He is able to navigate through challenging disputes and facilitate resolutions despite litigants who appear to be entrenched in their views.

* Certified by the Law Society of Ontario as a specialist in Civil Litigation

10 reasons to book a mediation with Eric Schjerning

  • 96% lifetime settlement rate as a Mediator. This 96% settlement rate applies equally to all in-person mediations and to all online mediations via Zoom.
  • Nearly 40 years of LTD insurance experience in a wide variety of roles
  • Extensive trial experience

  • One-stop shopping: Eric also has a wealth of experience in life, critical illness, creditor, and travel insurance as well as slip and falls, employment law, human rights law and global mediations

  • 12 years of experience as a mediator

  • Credibility with plaintiffs: Eric has met over 6,500 LTD plaintiffs in his career and was once on claim himself and experienced his claim being denied by his LTD insurer
  • Credibility with insurers: Eric’s career has included the roles of in-house litigation counsel, Vice President of Litigation, and Director of LTD Claims for a large LTD insurance company

  • Author of 3 editions of Disability Insurance Law in Canada

  • Eric’s sense of humour and prior life as a hockey referee helps keep things light and in control

Disability Insurance Law in Canada Textbook

Eric Schjerning’s Disability Insurance Law in Canada textbook is the authoritative guide to the law of disability insurance in Canada.  With over 850 case citations it covers literally every legal issue LTD counsel might face and ensures non-LTD specialists can take on LTD cases with ease. The Third Edition of this text was published in Spring 2023.

For the benefit of the reader, Chapter 12 of the second edition entitled “Litigation Process” is found below.

If you wish to order a copy of the text the link to the online store is found here.

Eric’s LTD Update Newsletter

Eric’s LTD Update is a quarterly newsletter outlining any reported decisions of interest to LTD counsel.  Each newsletter typically contains between 3 and 8 cases of interest and over 500 counsel are currently on the distribution list. To have your name added to the email distribution list, or to obtain a back issue please email Eric at eric@schjerningmediations.com

The 15 updates prior to Fall 2022 no longer appear on this website as all of the case law contained therein appears in the Third Edition of Disability Insurance Law In Canada.

Book Eric for a speaking engagement

Eric has presented over 50 times in his career to groups such as: The Canadian Life and Health Insurance Association, The Canadian Bar Association, The Ontario Trial Lawyers Association, The Canadian Institute and Toronto Metropolitan University Law School. To book Eric for a speaking engagement please email eric@schjerningmediations.com

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Contact Us

Address

Schjerning Mediations Ltd.

P.O. Box 15343,

Queensway High P.O.

Toronto, ON,

M8Y 0B4

Phone

416-236-9282

Email

eric@schjerningmediations.com