Law360 Canada (December 15, 2020, 6:21 AM EST) -- Appeal by the plaintiff from the trial judgment that dismissed her claims for a lump sum award representing the present value of all future long-term disability benefits and for punitive damages. The appellant suffered inflammation of her left elbow tendon for which she underwent two surgeries. She then began to suffer a moderate to severe major depressive disorder. The insurer denied the appellant’s application for long-term disability benefits. The trial judge found the appellant established she was disabled within the any occupation definition under the parties’ policy. The trial judge awarded the plaintiff $77,214 for past long-term disability benefits and ordered the respondent to pay ongoing long-term disability benefits in accordance with the policy. He awarded the appellant $30,000 in damages for mental distress. He dismissed the appellant’s claim that the respondent’s denial of benefits and breach of its duty of good faith constituted a fundamental breach of the insurance contract....