The PWUPP for Retirees provides reimbursement of legal expenses incurred in relation to family law matters and to defend against most criminal charges and civil law suits. Coverage is available at a cost of $299.00 for a 3 year term.

What types of legal actions are covered?

Suits heard in courts such as the Superior, Provincial and Small Claims Courts
Other civil suits
Family law (e.g. divorce, separation) matters
Child custody disputes are covered with respect to defence costs only, i.e. only if you are sued in relation to child custody matters.
Criminal charges, including impaired driving charges.
Charges related to Provincial Offences, e.g. Highway Traffic Act offences.

What types of legal expense are covered?

Defence costs, including lawyers fees and disbursements made to defend you in a legal proceeding
Costs (including disbursements) and legal fees involving a counterclaim (including third party claims) brought directly as part of the defence of a claim against the PWU Retiree.

Can I choose my own lawyer to defend me?

Yes, you can, subject to approval by the insurance company.

What types of legal expense are NOT covered?

Legal fees are only covered if the proximate cause is on or after the date you purchase the policy. Even if bills are incurred after this date, the policy will not respond if the criminal act, act of negligence, or other events (which necessitated the legal fees) occurred before you purchased the policy.

Costs other than legal defence costs.
Expenses that are predictable or that you choose to incur – e.g. wills, powers of attorneys, real estate legal fees, etc.
Costs to sue a third party, except for a counterclaim brought directly as part of the defence of a claim against the PWU Retiree.
Damages, judgments or settlements of any kind.
Fines, penalties of any kind.

Who is covered?

Important Restrictions

Matrimonial Claims

If you became a PWU Retiree BEFORE February 26, 2007, coverage for matrimonial claims begins 365 days after the date on which you purchased the Legal Expense policy.
If you became a PWU Retiree AFTER February 26, 2007 and were, therefore, covered under the PWUPP as an emloyee, coverage for matrimonial claims begins February 26, 2008, PROVIDED you purchase the Legal Expense policy within 60 days of retiring. If you wait longer than 60 days, the normal 1 year waiting period applies.
Only PWU Retirees are covered for matrimonial claims. There is no coverage or benefit available for Retirees' spouses or other family members, unless the spouse is a PWU member or retiree and has their own coverage under PWUPP or PWUPP for Retirees.
Reimbursement of expenses related to family law and matrimonial law are limited to $3,500 per occurence.

Criminal Charges of Any Kind

Fees and disbursements covered to the later of the point of acquittal or conviction.
Reimbursement of expenses for the following will be subject to certain sub-limits:
- driving while impaired
- driving with a blood alcohol level exceeding the legal limit
- failing or refusal to provide a breath sample
No coverage for parking tickets. Also note that a $500 deductible applies for charges under the Ontario Highway Traffic Act (or equivalent provincial legislation) where the maximum penalty or the charge does not include imprisonment. If the maximum penalty for such a charge includes imprisonment, there is no deductible.
The insurer reserves the right to deny coverage to any individual who has had criminal charges laid against them in the past 5 years. This information must be disclosed on the application form.

Business Related Claims

Legal actions arising out of your full time, part time or casual business activities (e.g. if you do part time contract work) are not covered. Nor does coverage extend to any claims or legal proceedings relating to a contract of employment.

Coverage Limits

The policy pays only up to a maximum of $50,000 for all legal proceedings arising out of any one occurrence. The maximum payable over the course of any policy period to any individual PWU Retiree and his/her covered family members is $50,000.
This $50,000 annual limit is eroded by any claims payments to you or covered members of your family.