Kadey B.J. Schultz

E. kschultz@schultzfrost.com
T. 416.969.3436
F. 416.969.3435
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Over 17 years of insurance defence litigation practice with significant arbitration, trial and appeal experience at the FSCO, Superior Court, Divisional Court and Court of Appeal, I am your strategic business partner, combining big picture thinking with refined technical skills: delivering exceptional service and advice... and I love what I do. 

My practice focuses on accident benefits claims, tort defence and anti-fraud, defending and prosecuting against opportunistic and organized auto, property, life and health fraud. I also act as appellate counsel for accident benefits, loss transfer and priority matters. I am thrilled to be honoured with the Lexpert Rising Stars, Leading Lawyers under 40 Award, as well as more recently, the Lexpert Zenith Mid-Career Excellence Award.

In addition to my practice, I am an adjunct professor at the University of Windsor Faculty of Law, teaching the Lawyer as Conflict Resolver and the Professional Identity and Legal Skills (PILS) courses.

I am also a committed contributor to the insurance industry, having published and lectured extensively with numerous organizations such as the Ontario and Canadian Insurance Adjusters' Associations, the Insurance Institute, the Canadian Defence Lawyers Association, RIMS Canada, the Ontario Bar Association and Osgoode Hall's Professional Development Programme.  I recently was appointed to the Council of the Medico-Legal Society of Toronto for a three year term.

Volunteering is a very important part of my life.  I am a member of the WICC Gala Committee and volunteer/fund raise with several charities. My primary fundraising focus is with Holland Bloorview Kids Rehab Hospital, working to raise funds for the Biggar Endowment in an effort to help end Duchenne Muscular Dystrophy. 

As a lawyer, mother, mentor, educator and thought leader, I am rewarded when those around me shine to their fullest potential. 

 

WORK EXPERIENCE

Partner, Schultz Frost LLP, Toronto (September 2015 - present)

Specializing in civil litigation, focusing on the defence of Statutory Accident Benefits disputes, including first party claims for benefits, private arbitrations of priority and loss transfer disputes, the interaction between the SABS and WSIB, anti-fraud for tort, AB and property, as well as personal injury claims, general negligence and solicitors' negligence.

Adjunct Professor, University of Windsor, Faculty of Law (January 2014 - present)
Teaching the Lawyer as Conflict Resolver course

Partner, Hughes Amys LLP, Toronto (July 2009 - August 2015)

Associate, Dutton Brock LLP, Toronto (Dec. 2000 - July 2009)

Mediator, Trainer and Consultant, Toronto (June 1998 - 2010)

Sessional Professor, Brock University, St. Catharines (Aug. 2002 - Jan. 2005)
Designed and instructed Introduction to Dispute Resolution Course (POLI IP50), Criminal Justice and Policing Program,    Department of Political Science.

Student-at-law, Royal & SunAlliance, Toronto (July 1999 - June 2000)

 

EDUCATION

Year of call: 2001 

Master of Laws LL.M., Osgoode Hall Law School (2003)

Bachelor of Laws LL.B., University of Windsor, Faculty of Law (1999)

Bachelor of Arts B.A., (Political Science and Theater & Performance) McGill University (1996)

  

AWARDS

Recognized as a Best Lawyer in Canada in Insurance Law, by Best Lawyers (2019)

Winner, Lexpert Zenith Mid-Career Excellence Award (2018)

Winner, Lexpert Rising Stars, Leading Lawyers under 40 in Canada (2015)

Finalist for Lexpert's Rising Stars Top 40 under 40 (2014)

Exceptional Young Lawyer Award, Canadian Defence Lawyers Association (2010)

Dorothy Waddicor Award in Alternative Dispute Resolution, University of Windsor, Faculty of Law (1999)

John W. Whiteside Award for Contribution to the Faculty of Law, the Community and the Legal Profession, University of Windsor, Faculty of Law (1999)

 

North Waterloo v. Samad, 2018 ONSC 2143
2018-04-04
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The Divisional Court declined to interfere with the FSCO Arbitrator's decision that an assault from a criminally convicted assailant did not break the chain of causation and the dominant feature of the incident was the claimant's belief that his hand may have been on the passenger door.
Aviva v. Dittmann, 2018 CanLII 12956 (SCC)
2018-03-15
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The Supreme Court of Canada declined to give leave to appeal, without reasons (as is customary.
Dittman v. Aviva, 2017 ONCA 617
2017-07-21
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The Court of Appeal concluded it was reasonable for the summary judgement motion judge to find that the use of a parked motor vehicle in a drivethru directly caused impairments from a scalding hot cup of coffee.
16-000775 v. Aviva, 2016 CanLII 105251
2017-06-12
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Psychological Treatment Plan claim dismissed on accident benefits claim taken out of MIG due to physical impairments. The OCF-18 was not reasonable or necessary as a result of the accident and it duplicated services recommended for a different date of loss.
Raja and Arch (FSCO A15-004857)
2017-04-17
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This FSCO decision confirms an assault is an intervening act breaking the chain of causation between the use of a vehicle for a motoring purpose and the direct cause of the injuries. Despite the contemporaneous use of the insured taxi, this was not an accident under the SABS.
Fraser and RBC
2016-07-04
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In a precedent setting preliminary issue decision, Kadey Schultz secured a withdrawal of claims for Income Replacement, Attendant Care and Housekeeping Benefits as well as costs of $19,620.36 payable to RBC as a result of the fraudulent claim for IRBs.
State Farm v. Old Republic, 2015 ONCA 699
2015-10-20
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Precedent setting Court of Appeal decision confirming proper interpretation of Rule 9 of the Fault Determination Rules.
ONCA Confirms Absurdity of Superior Court's Rule 9 Interpretation
2015-10-20
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With a unanimous 3-0 decision, the Court of Appeal confirms that heavy commercial vehicle insurers only pay loss transfer to insurers of vehicles with which they actually collide under Rules 9 and 11 of the Fault Determination Rules.
Chartis and Tipu and Bartolini Berlingieri Barrafato Fortino LLP (FSCO Appeal P14-00009)
2015-05-22
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A FSCO appeal of the insurer's demand for costs payable by the legal representative.
TD v. Markel, 2014 ONSC 6461 (CanLII)
2014-11-12
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A unique precedent and successful Loss Transfer Appeal confirming that an insurer who fails to properly transfer priority for an accident benefits claim cannot claim loss transfer.
State Farm v. Old Republic, 2014 ONSC 3887 (CanLII)
2014-06-25
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Superior Court Appeal of a private arbitration decision challenging the correct application of Rule 9 of the Fault Determination Rules. The entire industry awaits the appellate ruling from the Ontario Court of Appeal as hundreds of millions of dollars in potential indemnification claims remain pending.
Vaccaro v. Unifund, 2011 ONSC 5318 (CanLII)
2011-10-04
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Textbook opposition of motion to set aside registrar's dismissal of the action. Despite solicitor's negligence, the action was restored. $16,500 in costs awarded to the unsuccessful insurer.
Chung and Unifund (FSCO A09-000198)
2010-05-31
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Successful motion at the outset of the Arbitration Hearing excluding all of the Applicant's documentary evidence.
Sebamalai and Nterekas and Royal & SunAlliance (FSCO Appeal P06-00037)
2008-06-02
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Appeal confirming the dismissal of the arbitration and costs against the legal representative, personally.
Sebamalai and Royal & SunAlliance (FSCO A04000068)
2005-10-31
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Dismissal of the arbitration and costs award payable by the legal representative, personally.
O'Shea v. Co-Operators, 2005 CanLII 35773 (ON CA)
2005-09-27
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Court of Appeal decision dealing with the AB settlement regulation and enforcement of settlement after the insured discharged their counsel.
Harril and Pilot (FSCO A04-000039)
2005-02-14
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FSCO Arbitration Decision dismissing housekeeping benefits claim.
H.I. and Aviva (FSCO A02-001766)
2004-11-12
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FSCO decision dealing with the Applicant's capacity and reliance upon an unlicenced representative.
Iankilevitch and CGU (FSCO Appeal P03-00013)
2004-08-31
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FSCO Appeal confirming s. 33 suspension of benefits and remitting matter back to arbitration to determine whether the Applicant had a reasonable explanation for the s. 33 non-compliance.
Gimondo and Royal & SunAlliance (FSCO A02000654)
2004-04-16
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FSCO decision denying the Applicant's adjournment request and dismissing the arbitration proceeding.

Over the last four years Kadey has participated in a variety of fundraising activities, including an annual event called Music Heals at the Toronto Hard Rock Café that has helped raise over $295,000.

"As a mother with a son who suffers from Duchenne Muscular Dystrophy, generating awareness and raising funds to support the quality of life of kids with DMD is part of what I do every day."

Music Heals 2018

See highlights
    Music Heals 2015

     

    The inaugural Music Heals event took place in 2012, in support of Kadey Schultz and her son Emery, now eight, who was diagnosed with Duchenne Muscular Dystrophy (DMD). Funds raised benefit the Biggar Endowment at Holland Bloorview Kids Rehabilitation Hospital.

     

    In 2015, Kadey announced her goal of raising $1,000,000 for the Biggar Endowment for Muscular Dystrophy by the time Emery is 18. In 2012, $20,000 was raised at this event and, in 2013, the number jumped to $38,000. In 2014, it increased again to $45,000, but it didn’t stop there. Music Heals ignited a fundraising challenge, which raised $100,000 by November 1, 2014. As a result, a private donor contributed a further $75,000 to the Biggar Endowment. Through Music Heals and everyone’s efforts, the Biggar Endowment has now received over $233,000 since Emery’s diagnosis. 



    See highlights
    Kadey Schultz is a passionate advocate for the Biggar Endowment at Holland Bloorview Kids Rehabilitation Hospital.
    Women In Insurance Cancer Crusade (WICC)

     

    Mobilizing For A Cure

    Since the inception of WICC in 1996, with the help of the entire insurance industry and its supporters, over $11,000,000 has been raised in support of cancer research and education. This has been achieved from industry support at a variety of WICC functions, including dinners, learning breakfasts, concerts, relays, golf tournaments, as well as the purchase of WICC candles, CDs and other products. In addition, numerous individuals, companies and associations within and related to the insurance industry have held or sponsored events specifically to raise funds for WICC or directed the proceeds of their annual events to WICC.

    The involvement of all WICC supporters and volunteers has made it possible for WICC to achieve its Mission: To mobilize the Canadian Insurance Industry in the fight against cancer by focusing on cancer research, support and education. 

    See highlights
    Fort McMurray Canadian Red Cross Fundraiser

     

     

    Fort McMurray Relief

     

    With the enthusiatic support of our industry friends and colleagues, we were able to raise $2,000 for the Canadian Red Cross Fort McMurray Relief by hosting a social get togther in our newly renovated office space.

     

    See highlights
    Law Times Article: Insurance Defence Boutiques Have Flexibility in Approach
    by Michael McKiernan 2016-03-28
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    <p><strong><br /></strong>Kadey B.J. Schultz and Jason Frost present their views on the evolving role of insurance defence litigation firms and how Schultz Frost LLP plays a unique, consultative role, partnering with clients to manage risk and reduce reliance on outside counsel. </p>
    Presentation: Before the Changes Come - The Top Ten AB Cases of 2015
    by Kadey B.J. Schultz 2016-02-03
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    What you need to know about the latest developments in Accident Benefits! Get up to speed on changes regarding: - The ability of insurers to conduct EUOs - Why catastrophic impairment is NOT a benefit (and the implications) - Limitation periods - Interest on retroactive attendant care benefits - Loss transfer in chain reaction collisions
    Presentation: Cyber Risk in Canada -- What to Watch Out for and How to Be Prepared
    by Kadey B.J. Schultz 2016-02-02
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    This dynamic OBA Institute presentation focuses on Cyber Risk, Privacy Laws, New IIROC Best Practices and Must-Do's for law firm security in 2016.
    ONCA Confirms Absurdity of Superior Court's Rule 9 Interpretation
    by Kadey B.J. Schultz 2015-10-20
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    With a unanimous 3-0 decision, the Court of Appeal confirms that heavy commercial vehicle insurers only pay loss transfer to insurers of vehicles with which they actually collide under Rules 9 and 11 of the Fault Determination Rules.
    Investigators Trawl Social Media to Catch Fraud
    by Sara Tatelman 2015-05-01
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    It starts like any love story: twenty-something girl meets car. Girl and car get into a crash. Girl files a catastrophic injury claim with her insurance company. Then girl goes off the grid.
    Phish Tales
    by Kadey B.J. Schultz and Aleksandra Zivanovic 2015-04-16
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    <p>Cyber criminals have perpetrated - and continue to perpetrate - on banks around the world a spin on the classic bait-and-switch manoeuvre. The new form of phishing has already proved very costly and should serve as a caution that all industries, not just financial institutions, need to develop cyber resilience to avoid getting hooked in.</p>
    Moving Target
    by Angela Stelmakowich 2015-03-01
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    Cyber risk is evolving. Despite recent high-profile attacks meant to disparage, disrupt and produce fear, though, a true picture of cyber risk involves far more than intended events. Risk managers must, first, accept the breathtaking breadth of the risk and, second, be ready to absorb information that will help them to set an accurate sight on what is (and will continue to be) a moving target.
    10 Decisions that will Impact your Motor Vehicle Litigation Practice
    by Kadey B.J. Schultz and Anne Fyfe 2015-02-04
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    <p>The essential insurance law update from the OBA Institute's 2015 CPD Seminar on February 4, 2015, featuring important cases dealing with priority, deflection, loss transfer, attendant care benefits, interest, threshold, and more.</p>
    Game Changer
    by Angela Stelmakowich 2013-01-13
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    Will recommendations contained in the Ontario Automobile Insurance Anti-Fraud Task Force report be a game changer, addressing what has become an increasingly organized and expensive problem? Or could implementation and timing issues threaten to alter the carefully plotted road map for improving the system?
    Managing Auto Fraud
    by Kadey B.J. Schultz and Chris Rain, VP Claims, Arch Insurance for Canadian Underwriter 2012-05-01
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    Kadey B.J. Schultz and Chris Rain, Arch Insurance Vice President of Claims, consider how to apply risk management principles to prevent auto insurance fraud.
    Access to Private Facebook Pages a Question of Logistics, Not Privacy
    by Canadian Underwriter 2011-12-01
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    Defence counsel's use of private Facebook pages in litigation is not an issue of breaching the plaintiff's privacy so much as it's an issue of logistics and the timing associated with accessing information on private pages.
    Litigation Looms Over Minor Injury Cases
    by Judy Van Rhijn 2011-10-17
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    Many insurance industry professionals are predicting a deluge of litigation over the many uncertainties associated with the application of the minor injury guidelines.
    The Era of Active Communication
    by Kadey B.J. Schultz 2011-09-01
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    Ontario's auto reforms highlight the importance of documenting all communications with consumers - even if those communications prove to be entirely one-sided.
    Falling Under
    by Laura Kupcis 2011-08-05
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    While more than 50 per cent of all claims in Ontario are currently falling under the MIG, this could have serious cost ramifications in future if case law does not favour insurers who are applying the MIG prior to the renewal date.
    More than 50% of all AB Claims Falling Under the MIG
    by Canadian Underwriter 2011-05-16
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    The issue is not how many claims fall into the MIG at the outset, but how many stay in the MIG, which will only be borne out by time and the development of case law.
    Language Divide
    by Vanessa Mariga 2011-05-01
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    A government blue-ribbon panel of medical experts has produced a proposed new draft of Ontario's catastrophic impairment definition, including a welcomed "line in the sand" against combining physical and psychological impairments to determine whole person impairment. But how will the medical terminology in the new definition be translated into the language of case law?
    Hitting the Mark Aiming for Successful SABS & MIG Outcomes
    by Laura Kupcis 2011-04-01
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    The more things change, the more they stay the same. Slightly more than six months after the rollout of the revamped Statutory Accident Benefits Schedule (SABS), including the implementation of the Minor Injury Guideline (MIG), health care providers have raised concerns about decisions adjusters are making with respect to a claimant's health. Conversely, adjusters are raising concerns about health care providers' treatment requests made on behalf of claimants.
    Best Practices Help to Avoid Special Arbitration Awards When No Benefits are in Dispute
    by Canadian Underwriter 2011-02-09
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    A recent Financial Services Commission of Ontario (FSCO) decision - which granted a special award when there were no benefits in dispute - should prompt adjusters to follow a set of best practices to avoid a similar decision in the future.
    Loosening the Cap
    by Vanessa Mariga 2011-01-01
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    When the Financial Services Commission of Ontario (FSCO) placed a $2,000 limit on AB assessments under its Minor Injury Guideline (MIG) in September 2010, it intended to restrict a ballooning area of expense for insurers. But now, four months into the reforms, a debate has opened about whether the restriction is in fact too tight.
    Ontario's $2,000 Cap on AB Assessments Could be Vulnerable to Charter Challenge: AB seminar panelist
    by Canadian Underwriter 2010-11-01
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    By including a health practitioner's travel and translation costs within a $2,000 limit on auto insurance accident benefits assessments, the new Ontario auto insurance reforms may be heading down the highway towards a Charter challenge.
    Defining Minor Injury
    by Laura Kupcis 2010-10-01
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    While the insurance industry is hopeful the new Minor Injury Guideline (MIG) will successfully curb claims costs, there is an underlying current of fear that perceived loopholes in the MIG might thwart its effectiveness.
    A $25,000 Question?
    by Kadey B.J. Schultz 2009-12-01
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    An award of aggravated damages for mental distress exceeding the value of the benefits in dispute.
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