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Jason was the recipient of the 2017 Richard B. Lindsay QC Exceptional Young Lawyer Award by Canadian Defence Lawyers for exceptional contributions to the legal profession in Canada.

Jason regularly teaches, trains and collaborates with clients, industry participants and fellow lawyers on changes to the SABS, implementation of the LAT and developing caselaw.

He focuses his practice on insurance defence litigation. He has motion, arbitration, trial and appeal experience at the LAT, FSCO, WSIAT, Superior Court, Divisional Court and Court of Appeal. Several of his published decisions have changed prevailing approaches to priority and loss transfer disputes in Ontario.

Jason has particular expertise with accident benefits claims, loss transfer arbitrations, priority arbitrations and WSIAT applications. He also specializes in examinations under oath, investigating and prosecuting claims fraud, as well as managing accident benefits litigation risk.

Jason is married, has two young boys and knows the glass is half full.

 

WORK EXPERIENCE

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

Associate, Hughes Amys LLP, Toronto (2010 - 2015)

Associate, Brown & Korte Barristers, Toronto (2008 - 2010)

Student-At-Law, McTague Law Firm LLP, Windsor (2007 - 2008)

 

EDUCATION

Year of call: 2008

Written Advocacy Course, Osgoode Hall (2011)

Ontario Bar Admissions Course, LSUC (2007)

Bachelor of Laws LL.B., University of Windsor (2007)

Bachelor of Arts B.A., (Hons), University of Western Ontario (2003)

 

AWARDS

Recognized as a Best Lawyer in Canada in Insurance Law, by Best Lawyers (2022 - 2023)

CDL Richard B. Lindsay QC Exceptional Young Lawyer Award (2017)

Most Outstanding Junior Officer, H.M.C.S. Hunter (2008)

Max Mousseau Award in Municipal Law (2007)

 

INDUSTRY ASSOCIATIONS

Canadian Defence Lawyers

Law Society of Ontario

Kowrikanthan v. Sonnet, 2022 CanLII 106422 (ON LAT)
2022-11-07
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LAT decision dismissing claims for NEBs and Med/Rehab.
Mundle v. Chubb, 2022 CanLII 84690 (ON LAT)
2022-09-12
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Relying upon s. 44 reports and interior dashcam footage showing the Applicant could not have injured his shoulder or knee in a very minor accident, claims for MIG release, MR and interest were dismissed.
Alakoozi v. ACE INA, 2022 CanLII 81522 (ON LAT)
2022-09-07
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The LAT declined to reconsider a decision where the LAT Member created a new limitation period to dispute quantum of an IRB months after entitlement to IRBs was clearly denied.
Zurich v. Chubb (Justice Cunningham, August 5, 2022)
2022-08-05
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Important priority dispute decision dealing with allegations that the insurer of a rental vehicle had an insufficient claims handling program in place to ensure that the Applicant's claim for accident benefits was not deflected to another insurer which did not insure the loss, but which had offered Accident Death and Dismemberment coverage at the rental location.
Robinson v. AIG, 2022 CanLII 70250 (ON LAT)
2022-08-03
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Successful Reconsideration decision confirming the Insurer was not obligated to pay any further benefits and the LAT Application was dismissed.
Lotfizadeh v. Unifund, 2022 ONSC 3819 (CanLII)
2022-06-27
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Complicated case management decision where the driver of a vehicle allegedly not involved in the collision failed to attend discovery on multiple occasions.
Justino v. AIG, 2022 CanLII 53771 (ON LAT)
2022-06-15
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LAT decision dismissing claims for Attendant Care, physiotherapy, gas expenses, and housekeeping benefits.
Robinson v. AIG, 2022 CanLII 35796 (ON LAT)
2022-05-04
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LAT decision involving multiple motions resulting a withdrawal of all MR claims and dismissal of the claim for attendant care benefits. No amounts were withheld, no amounts were deemed incurred, and the Respondent was awarded costs of $500.
Nagalingam v. Economical, 2022 CanLII 23413 (ON LAT)
2022-03-21
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LAT Reconsideration decision reversing the LAT Member's incorrect mid-hearing order of a "mistrial" due to an alleged motion that neither party brought in the proceeding.
Continental v. Chubb, 2022 ONCA 188
2022-03-07
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This important decision from the Court of Appeal confirms that the optional benefits insurer is the priority insurer.
E.J. v. Economical, 2022 CanLII 23045 (ON LAT)
2022-03-02
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LAT decision finding that a three-year-old with no knowledge or memory of an accident involving her father and siblings sustained psychological impairments years later as a direct result of the accident.
Amrok v. Economical, 2021 CanLII 110996 (ON LAT)
2021-11-05
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LAT decision dismissing the Application on the basis that the incident was not an accident, but rather a road rage assault.
Gunanathan v. Sonnet, 2021 CanLII 69270 (ON LAT)
2021-07-26
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LAT decision dismissing claims for MIG escape, various OCF-18s, interest and a s. 10 award.
Hosseini v. Economical, 2021 CanLII 40730 (ON LAT)
2021-05-11
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Motion decision requiring the Applicant to produce LTD and AB files from 11 years prior to the accident.
Alakoozi v. ACE INA, 2021 CanLII 18906 (ON LAT)
2021-02-10
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Odd LAT decision dismissing claim for entitlement to IRBs based upon the expiry of the limitation period but finding that the Applicant could contest the quantum of the benefit ($0) based upon the Applicant's production of employment records after the IRB denial. In effect, the decision created a second, later, limitation period for quantum even though the benefit had already been denied.
Chen v. Chubb, 2020 CanLII 103700 (ON LAT)
2020-12-29
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LAT decision dismissing claims for NEBs, various OCF-18s and interest.
Dominion and A.A.
2020-03-25
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Self-represented claimant not catastrophically impaired.
Economical and A.S.
2020-03-10
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Preliminary issue decision concluding that an Insurer's denial of Catastrophic Impairment and suspension of IRBs pursuant to s. 33 of the SABS was not a dispute regarding entitlement to benefits and therefore the LAT lacked jurisdiction to consider Catastrophic Impairment or entitlement to IRBs.
Chubb v. Continental
2020-02-28
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Court of Appeal granted leave to appeal in the priority dispute optional benefits case of Chubb v. Continental, 2019 ONSC 3773 (CanLII).
S.B. v. Aviva, 2019 CanLII 110073 (ON LAT)
2019-11-21
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LAT Reconsideration decision from the original LAT Hearing Member finding that physical OCF-18s were not reasonable or necessary for an insured taken out of the MIG for psych reasons.
S.B. v. Aviva, 2019 CanLII 101607 (ON LAT)
2019-10-09
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LAT Reconsideration remitting matter back to original hearing arbitrator, as requested by the Insurer.
Continental v. Chubb, 2019 ONSC 3773
2019-06-19
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The "optional benefits" case later reversed by the Court of Appeal. At arbitration, Chubb was successful on issues regarding regular use, deflection and the effect of the optional benefits endorsement, all of which resulted in a finding that Continental was the priority insurer. Continental appealed on the issue of regular use, only. On appeal, Justice Stinson ruled that the liability to pay optional benefits should be bifurcated, even though that was not an issue before the arbitrator or on appeal.
Economical and Wawanesa
2019-06-06
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Responding insurer ordered to produce historic underwriting records relevant to argument that employer regularly provided a vehicle to the son of a business partner who had a suspended driver's licence
C.L. v. Aviva (LAT 17-004389)
2019-04-03
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LAT Reconsideration regarding post 104 week IRBs ordered payable despite subequent accident benefits claims file confirming he had recovered from his injurires prior to the 104 week mark and lack of any expert evidence regarding the complete inability test.
Heartland and Aviva
2019-01-27
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Priority decision dealing with dependency for care for a 17 year old grade 12 student whose mother who was 70% responsible for his care but not found to be the principal provider of care.
O.E. and Aviva (LAT 17-004493)
2018-07-18
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Successful third party motion for production of an ODSP file despite the lack of any LAT Rule permitting production orders against a third party. The LAT Application was then withdrawn based upon the contents of the produced ODSP file.
Sleep and Aviva (FSCO Appeal P17-00034)
2018-07-10
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Important FSCO Appeal confirming that chronic pain falls within the MIG unless the claimant can prove that it is not related sequelae to predominantly minor soft tissue injuries.
Personal and Zurich American
2018-06-25
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Important loss transfer decision confirming a non-Ontario Insurer that is a signatory to the PAU is not obligated to pay loss transfer as a result of an accident outside Ontario.
Aydemir and Aviva (FSCO A-14-003170) Costs Award
2018-06-05
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The Applicant was ordered to pay the Insurer $101,205.11 in costs following a complicated 13 day Arbitration Hearing where all claims were dismissed.
State Farm v. Economical, 2018 ONSC 3496
2018-06-05
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Priority dispute appeal dealing with arguments that: a) Repetitive use of a vehicle is not an "accident"; b) 'Regular Use' only applies "at the time of the incident"; and c) On either a "but for" or "material contribution" basis, the claimant's injuries were caused by use of both the personal vehicle and the work vehicle, meaning that the claimant occupied both vehicles "at the time of the incident", if an accident occurred.
M.G. and Aviva (LAT 17-004497)
2018-05-29
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LAT decision finding an orthopaedic assessment reasonable and necessary for a claimant who had been assessed 5 times from a physical perspective, had normal xrays, was diagnosed with soft tissue injuries and had ceased treatment before exhausting the approved amounts. The LAT Member preferred the OCF-18 signed by a doctor who had never met, assessed or treated the claimant over the s. 44 in-person opinion.
C.L. and Aviva (LAT 17-004389)
2018-05-25
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An odd decision where the LAT Member awarded IRBs to a part time real estate agent who continued working post accident and then stopped working to care for his minor children when his marriage ended. In the context of a subsequent clam for accident benefits, his s. 25 experts opined that he was essentially normal from a physical and psychological perspective within two years of the loss and prior to the second accident. Presently under reconsideration and appeal.
Chubb v. Zurich, 2018 ONSC 1907
2018-05-16
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Superior Court Application regarding the appointment of a replacement Arbitrator to resolve the remaining issues of whether Zurich deflected the claim, whether Chubb provided coverage and which insurer is ultimately responsible for the claim.
Wawanesa and Economical
2018-05-07
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Interesting priority decision dealing with a refusal to indemnify for: a) excessive cost of an accounting report not relied upon by the first insurer; and b) IRBs paid in an amount contrary to the accounting report and amounts paid during a period of s. 33 suspension of benefits.
H.S. and Aviva (LAT 17-006070)
2018-05-04
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LAT Motion to Dismiss the proceeding based upon non-compliance with prior orders and failure to attend the Case Conference.
Chubb and Continental
2018-04-04
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Fascinating priority dispute involving deflection, optional benefits coverage, regular use and an O. Reg. 283/95 special award. Arbitrator Bialkowski found the claimant was a listed driver as well as a deemed named insured and that CNA deflected the claim by not advising of the optional benefits coverage under the policy. The decision provides a roadmap for tackling challenging priority disputes featuring OPCF-47 issues, passive deflection of an OCF-1, and adding the insured as a party to the dispute.
Intact and Aviva
2018-03-08
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Interesting priority dispute involving an insured who used a work vehicle for personal purposes, contrary to company policy, while on layoff. At issue was whether he had 'regular use' of the company vehicle at a time that he allegedly did not have consent to operate the vehicle and was not an employee.
Aydemir and Aviva (FSCO A14-003170)
2018-03-05
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Complicated 13 day FSCO Arbitration Hearing with 8 intended motions (2 proceeded)resulting in dismissal of claims for a CAT designation, 24 hour attendant care, NEBs and several OCF-18s. Arbitrator Arbus accepted the Insurer's evidence that the Applicant was a malingerer who did not satisfy the onus of proving any accident-related impairments.
C.L. and Aviva (LAT 17-004389)
2018-02-06
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LAT motion decision adjourning Hearing and compelling productions from Applicant.
RBC and Security National
2018-01-05
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Arbitration decision dealing with financial dependency issues. Under appeal to the Superior Court.
Aviva v. Security National, 2017 ONSC 4924
2017-11-06
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Superior Court Appeal of a priority dispute arbitration decision dealing with the definition of a "spouse" under s. 224 of the Insurance Act
M.R. and Aviva (LAT 16-000216)
2017-06-27
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LAT Arbitration resulting in a dismissal of the Application. LAT Adjudicator Nemet found that chronic pain complaints were sequelae of predominantly minor injuries and the claim for Attendant Care Benefits was not "incurred". Late-served s. 25 reports were excluded upon successful motion by the Insurer.
Unifund v. ACE INA, 2017 ONSC 3677
2017-06-20
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Priority dispute appeal dealing with the transmission of force doctrine and whether the striking vehicle "struck" the accident benefits claimant.
Stolove and State Farm (FSCO A16-000215)
2017-06-19
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Crushing injuries caused by an overhead steel door at a storage facility were not an "accident" under the SABS.
Economical and ICBC
2017-04-19
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An important priority arbitration decision confirming adult children in full time post secondary eduation are usually dependent upon their parents absent unusual circumstances where they earn enough income or have the financial means to cover at least 50% of their cost of living. This decision follows the existing caselaw setting out that loans and lines of credit for school are not considered income in the hands of the student, but rather debts, and are therefore neutral in the dependency analysis (to the extent that the loan or line of credit is used for school expenses).
ACE INA and Economical
2017-04-12
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Important priority dispute decision dealing with the impact of a reinsurance agreement, whether a cab driver was a listed driver on the fleet policy, and an offer by the broker of optional benefits coverage to drivers. Arbitrator Bialkowski confirmed that a list of drivers maintained by the named insured or the broker for risk management purposes does not make those drivers 'listed drivers' within the policy.
State Farm and Economical
2017-03-24
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Is a repetitive use injury an "accident" under the SABS? Is there an "incident" for regular use to apply or for a s. 268 priority tie-breaker? These issues are presently under appeal to the Superior Court from this priority arbitration decision.
Pearson and ACE INA (FSCO A14-002487)
2016-09-26
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Interesting FSCO Arbitration dealing with s. 61 of the SABS and whether a statute-barred tort action results in a finding that a purported election out of the WSIB scheme was made primarily for the purpose of claiming accident benefits.
Ungaro and Aviva (FSCO A14-007429)
2016-07-18
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Arbitration dismissed as attendant care services provided by family members were not "incurred". An insurer is entitled to re-assess the incurred threshold monthly. The failure to submit monthly details of services and to respond to the Insurer's requests for proof of incurred, meant the Applicant did not meet the onus of proof.
Personal and ACE INA et al
2016-06-03
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Interesting priority dispute dealing with the striking automobile and the transmission of force
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.
Unifund and TD
2015-07-14
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Arbitrator Novick confirmed that a 60 year old visitor to Canada was principally dependent for finances upon her daughter, the spouse of TD's named insured.
TD v. Markel, 2014 ONSC 6461 (CanLII)
2014-11-12
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A successful Loss Transfer Appeal confirming that an insurer who fails to properly transfer priority for an accident benefits claim cannot claim loss transfer. $14,000 awarded in costs.
Howell and Chartis (FSCO A12-000029)
2014-07-30
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FSCO Preliminary Issue Motion dismissing IRB claim as an abuse of process.
Decision No. 1285/14, 2014 ONWSIAT 1465 (CanLII)
2014-07-08
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WSIAT 'Right to Sue' Application confirming claimant was eligible to claim WSIB benefits.
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.
Echelon and Intact
2013-12-04
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Dependency priority decision dealing with argument that evidentiary gaps should be completed with Stats Canada data and the Low Income Cutoff, as well as an employee's regular use of the family vehicle.
Unifund and RBC
2012-08-02
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Private arbitration transferring priority of accident benefits claim. $10,500 awarded in costs.
Walsh v. Optimum, 2012 ONSC 3013 (CanLII)
2012-05-22
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Motion ordering Plaintiff to attend oral examination for discovery prior to a representative of the insurer. $6,000 in costs awarded.
Thevarajah and Unifund (FSCO A10-001866)
2012-03-13
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FSCO motion for productions.
Vaccaro v. Unifund, 2011 ONSC 5318 (CanLII)
2011-10-04
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Assisted Kadey Schultz with drafting of motion record, factum and conducting cross-examination on affidavits to oppose the setting aside of a registrar's dismissal order. $16,500 awarded in costs.
Blagrove v. Whittington, 2010 ONSC 3748 (CanLII)
2010-07-09
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Successful undertakings and refusals motion. $3,500 in costs awarded.
Movember Foundation

 

Let your hair down in Movember

 

Movember is in full swing at Schultz Frost LLP, with the “men of” showing some serious dirt on their upper lip.

 

Like the Movember Foundation, we believe in taking action! Facial hair is in full growth mode and fundraising is in full swing with team members at Schultz Frost LLP participating in individual and team sites.

 

For the final donation drive, staff bid to "shave a stache" on December 1. Needless to say (see video below) it was great finale to a successful drive.  

 

The Movember Foundation is a global charity committed to men living happier, healthier, longer lives. Since 2003, millions have joined the men’s health movement, raising $677 million and funding over 1,000 programs focusing on prostate cancer, testicular cancer, poor mental health and physical inactivity.

 

“We’re creating positive change for men’s health by raising awareness and educating men year-round, and through our take-over of the month formerly known as November.”

 

Join us in supporting this vital charity. Grow a “stache” to raise awareness – and live a little healthier.  

 

 

See highlights
Update Regarding COVID-19
by Jason Frost 2020-03-16
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<p>We hope this message finds you and yours well in these challenging times surrounding the spread of the CoVID-19 virus.  </p>
Kadey Schultz, Lexpert Zenith Mid-Career Excellence Award Winner!
by Jason Frost 2018-06-19
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<p>Kadey was recognized once again by Lexpert with the Zenith Mid-Career Excellence Award.</p>
Kadey Schultz Receives Multiple Top Lawyer Awards
by Jason Frost 2015-11-19
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<p>In recognition of her leadership, professional achievement, teamwork and business acumen, Kadey Schultz was recognized by Lexpert with the 2015 Leading Lawyers under 40 Award and Canada's Leading Litigation Lawyers Award.</p>
Attendant Care Benefits: The Use of Statutory Declarations and Examinations Under Oath in Establishing Claims
by Jason Frost 2015-04-13
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Statutory Declarations and Examinations Under Oath are used effectively as a sword or shield to advance or to investigate claims for attendant care benefits.
In Dispute
by Jason Frost and Deb Sherren 2014-07-01
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A growing body of case law suggests that insurers should reconsider their approach to loss transfer and priority indemnification requests.
Denial, Deflection and Duty to Pay
by Jason Frost 2013-01-10
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A decision by Ontario's Superior Court of Justice highlights the need for an insurer to respond to a completed Application for Accident Benefits whether or not a nexus exists between the insurer and the claimant. In 2015, the Supreme Court of Canada affirmed this decision and this article's commentary by affirming Juriansz J.A.'s insightful dissent from the Court of Appeal decision of the same name.
Jason's Latest Speaking Engagements
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CDL Boot Camp - Accident Benefits 1012022-10-28Toronto

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The Impact of Concussions on Children and Adolescents2019-02-05Toronto

Over the last few years, increased focus on the effects of concussion and brain injury have led to new assessment technologies as well as improved treatment and management approaches.

Join us to hear Canada’s leading experts in this developing field for a discussion of today’s art, science and law.

Co-chaired by Kadey Schultz, Schultz Frost LLP and Dr. David Corey, Brain Scan Inc.

Featuring Dr. Nick Reed, Head of Concussion Program, Holland Bloorview Kids Rehabilitation Hospital

“Concussion and Neuroimaging: Making the Invisible – Visible”

Dr. Alain Ptito, Senior Neuroscientist, McGill University

“Managing Concussion from a Legal Perspective”

Alison Burrison, Burrison Law
Jason Frost, Schultz Frost LLP

Vantage Venues

150 King Street West, 27th Floor

Toronto

5:00 to 8:00 pm

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CDL Boot Camp - Accident Benefits 1012017-09-07Toronto

At the annual CDL Boot Camp for new defence lawyers, Jason will present Accident Benefits 101:

A concise overview of the SABS, strategies for dealing with the MIG, “incurred”, and whether the incident is an “accident”. We’ll remind ourselves of FSCO Bulletin A-02/11, talk about EUOs and provide an introduction to priority disputes, loss transfer, and WSIB issues. We’ll also consider the 2016 SABS and LAT changes and much more.

20 Toronto Street Conference Centre, Toronto

9:00 am to 4:30 pm

 

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Section 33 of the SABS: Where the Wild Things Are 2017-02-24Toronto

Jason Frost of Schultz Frost LLP and Albert Conforzi of Pace Law Firm lead a lively debate on the state of s. 33 of the SABS.

Topics include:


• What answers do claims examiners needin order to adjust the claim properly?

• Recent law on notice provisions

• What’s a sufficient reason to conduct an EUO and what’s the remedy if you don’t?

• The implications of not attending a properly scheduled EUO

• Sufficiency and scope of the statutory declaration: what’s reasonable?

• Production of ‘information’ vs. production of ‘documents’

 

Location: Osgoode Professional Development, 1 Dundas St. West, 26th Floor, Toronto ON

Registration: 8:30 am

Seminar: 1:15 pm – 2:00 pm

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Osgoode PD: Accident Benefits 20162016-02-19Toronto, ON

Jason joins Paul Harte and David Lackman in an expert panel discussing ethical and professional issues in an AB practice.

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Ontario Bar Association Seminar 'Motor Vehicle Accident Litigation: Critical Updates'2015-11-05Toronto, ON

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Adjuster and Counsel can Handle both the Priority Dispute and LAT Proceeding
by Jason Frost 2022-09-28
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In Mansuri v. Travelers (LAT 20-001365, September 28, 2022), Vice-Chair McGee confirms there is no conflict for an adjuster and their counsel to represent an insurer for both an accident benefits claim and a priority dispute as to which insurer is the priority insurer. 

Optional Benefits Insurer is the Priority Insurer
by Jason Frost 2022-03-08
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Certainty is finally here: the Court of Appeal confirms that an optional benefits insurer is the priority insurer.

Insurer of Temporary Substitute Automobile Priority Insurer for Loss Transfer Claim
by Jason Frost 2021-11-23
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In Intact v. Economical, Kadey Schultz successfully argued before the Superior Court on appeal that Economical was the priority insurer permitted to claim loss transfer.

'It's 2020': Examinations via Videoconference
by Jason Frost 2020-05-05
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In Arconti v. Smith, Justice Myers confirms an Examination For Discovery will be completed via videoconference, instead of waiting for physical distancing requirements to be relaxed.

Optional Benefits Priority Dispute Heading to Court of Appeal
by Jason Frost 2020-03-02
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On February 28, 2020, the Court of Appeal granted leave to appeal in the priority dispute optional benefits case of Chubb v. Continental, 2019 ONSC 3773 (CanLII).

Failure to Inform of G2 Driver Voids Policy
by Jason Frost 2019-03-28
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Note: This Blog was prepared by Robbie Brar, articlng student at Schultz Frost LLP

On January 25, 2019, the Ontario Superior Court of Justice released its decision in Seetaram v. Allstate Insurance Company of Canada, 2019 ONSC 683. In his decision, Justice Glustein ruled that the applicant’s policy of automobile insurance was void due to their failure to advise the insurer of a change in risk:

“Had Avinash been disclosed to Allstate as a licensed driver living in his parents’ household when the Policy was renewed on April 17, 2013, Allstate would not have agreed to insure the Applicants at the stated premium of $2,112. Instead, the annual premium would have almost doubled to $3,954, since Avinash was in a high-risk insurance category as a 17 year old male with a G2 license.”

Most notably, Justice Glustein found that the insurer did not have a duty to explain to the insured what constitutes a material change in risk, responding to the fact that the Applicants had interpreted the policy’s “full coverage” description to include all licensed drivers within the household.

This decision can be contrasted with an earlier decision in DeKoning v. Vector Insurance Network (Ontario) Limited, 2009 CanLII 43644 (ONSC), where the named insured did not fail in her duty to disclose a material change in the risk by adding an under-25 novice male driver in a high-risk insurance category to the policy.

The DeKoning case raised two issues: the duty of an insured to report to the insurer of a high-risk category driver who is listed on the Policy, and whether, and to what extent, the insurer is obligated in law to inquire into matters it regards as material to the risk prior to a renewal of coverage.

The insurer had elected to accept risk for newly appointed G2 driver for the following year, despite being well aware that the driver was added by it to the coverage in the year prior, while in G1 standing. Upon renewal, the insurer asked no question about his driving record, nor did it obtain low-cost information (Motor Vehicle Record) after he had been legally driving unaccompanied for the first time.

In DeKoning, the Court also found that, in the absence of inquiry by the insurer of the driving record of the added driver, and knowing that they are within a high-risk category, the driving record (MVR) was not material to the decision of the insurer to enter the contract of insurance by way of renewal. Accordingly, since the insurer saw no materiality to accepting the risk prior to renewing the applicant’s policy, the insured was not obligated to voluntarily disclose the material change in risk to the insurer.

The Court in Seetaram concluded that both s. 233(1)(a)(ii) of the Insurance Act and the Statutory Conditions were breached when the Applicant failed to disclose upon the renewal of the Policy that a 17-year-old, G2-licensed driver was living in the insured’s household.

Seetaram affirms an insured's positive obligation to notify the insurer of any change that a reasonable insurer would consider relevant to assess the risk.

MIG Constitutional Challenge Rejected on FSCO Appeal
by Jason Frost 2018-10-17
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In Abyan and Sovereign (FSCO Appeal P17-00068, October 5, 2018), Delegate Evans quashed the Arbitrator's decision and remitted Mr. Abyan's non-MIG claims back to arbitration (likely with a different FSCO Arbitrator as ADR Chambers' contract with FSCO has ended and the original hearing arbitrator is no longer with ADR Chambers).

The constitutional assessment of the MIG was completed in a "factual vacuum". Before concluding that it was discriminatory to limit those suffering from chronic pain to the MIG limit of $3,500, the Arbitrator should have determined whether the claimant suffered from chronic pain and whether the chronic pain was related sequelae to predominantly minor soft tissue injuries.

Can We Finally Put Ferawana and M.F.Z. to Rest?
by Jason Frost 2018-10-15
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In Zheng, Cai v. Aviva Insurance Company of Canada, 2018 ONSC 5707, the Divisional Court reverses the unsettling position of FSCO and the LAT that s. 38(8) non-compliance results in the entire claim being taken out of the MIG.

Dismissal of CAT Claims: Validity Testing, Reconstruction Evidence and Surveillance
by Jason Frost 2018-03-08
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In the recent FSCO decision of Aydemir and Aviva (FSCO A14-003170), Jason Frost successfully obtained a dismissal of claims for Catastrophic Impairment, Non-Earner Benefits, 24 hour Attendant Care and related Treatment Plans.

Ontario Government Announces SABS Reform
by Jason Frost 2017-12-05
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The related legislation has yet to be implemented, but the Ontario Government's Press Release suggests:

  1. many assessments for non-serious claims will be eliminated;
  2. new 'standard treatment protocols' will be introduced for "one size fits all' treatment for certain impairments or combinations of impairments;
  3. cash payouts or settlements are going to be restricted or eliminated; and
  4. fraudulent claims and systemic fraud will be more aggressively prosecuted by a new "Serious Fraud Office".
Court Rejects Constitutional Challenge of LAT Barrier to Court Actions for SABS Disputes
by Jason Frost 2017-06-05
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In an eagerly anticipated Superior Court decision, Justice Belobaba dismissed a personal injury lawyer’s constitutional challenge to sections 267.5(1) and 280 of the Insurance Act.

Post Secondary Students Depend(ent) On Their Parents
by Jason Frost 2017-04-20
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This Priority Arbitration decision confirms student loans and lines of credit are a neutral factor when assessing financial dependency.