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Since articling in 1999 with a national insurer, my practice has focused on insurance defence litigation, anti-fraud investigations, and coverage disputes. I have significant arbitration, trial and appeal experience before the Superior Court, Divisional Court, Court of Appeal and Supreme Court of Canada, as well as FSCO, the LAT and WSIAT.  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 anti-fraud in the insurance space, together with accident benefits claims, tort defence, property disputes, coverage disputes, loss transfer and priority matters.  I defend and prosecute against opportunistic and organized auto, property, life and health fraud. 

I have been honoured with peer and industry acknowledgements, including the Lexpert Zenith Mid-Career Excellence Award, the Lexpert Rising Stars, Leading Lawyers under 40 Award, the Lexpert US/Canada Litigators to Watch, as well as the Canadian Defence Lawyers’ Exceptional Young Lawyer Award.  I’ve been ranked as a Best Lawyer in Canada for Insurance Law since 2019.

In addition to my practice, I have been an adjunct professor at the University of Windsor Faculty of Law, teaching the Lawyer as Conflict Resolver, the Professional Identity and Legal Skills (PILS) and the Business of Law courses.  I have also been Guest Faculty with the Education and Development Bureau of the OPP, The Ontario Police College and the Toronto Police Services.  From 2002-2005 I was a professor with Brock University, having designed and taught the first Conflict Management in Policing university course in Canada with the Criminal Justice and Policing Bachelor of Arts program.

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 worked closely with the Medical-Legal Society of Toronto serving in my last capacity as the 1st Vice President.

Volunteering is a very important part of my life.  I am a member of the WICC Gala Committee and volunteer/fundraise 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 change the world for kids with Duchenne Muscular Dystrophy.  I serve on the Board of Directors with the Holland Bloorview Kids Rehabilitation Hospital Foundation.

As a lawyer, mother, mentor, educator and thought leader, it is a privilege to be so engaged in my community and industry.

 

WORK EXPERIENCE

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

Adjunct Professor, University of Windsor, Faculty of Law (2014 - 2020)

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

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

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

Sessional Professor, Brock University, St. Catharines (Aug. 2002 - Jan. 2005)

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

 

EDUCATION

Year of call: 2001 

Certified Risk Manager, Canadian Risk Management & GRMI designation, University of Toronto (2018)

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 - 2023)

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)

 

Nielsen et al v. Commonwell et al
2022-10-06
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Motion Endorsement for complex motion/cross-motion regarding the test for further examination for discovery, and the binding nature of appraisals under s. 128 of the Insurance Act. Contains valuable judicial commentary about the manner in which counsel comport themselves during examinations.
Mansuri and Travelers (LAT 20-001365)
2022-09-28
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Important decision confirming that adjusters and their lawyers can share information between claims to investigate suspected fraud and that counsel can act for both a priority dispute and LAT proceeding flowing from the same accident.
Adams and Economical (LAT 22-002999)
2022-09-02
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LAT Motion Order confirming the Applicant is required to consent to the use of surveillance during Insurer's Examinations.
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.
Dominion of Canada General Insurance Company v. Ridi, 2022 ONCA 564
2022-07-29
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In this landmark case, the Court of Appeal confirms that for losses prior to June 3, 2019, the attendant care benefit limits are inclusive of HST.
R. S. v. Optimum, 2022 CanLII 35791 (ON LAT)
2022-05-06
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An interesting LAT decision which further develops the "aberrant use" doctrine at the LAT. The Vice-Chair declined to find that the contemporaneous clinical notes indicating the Applicant was suicidal pre-accident and the treating psychological counsellor's post-incident clinical note that this incident was a suicide attempt resulted in a conclusion that the Applicant was using the vehicle for the aberrant purpose of trying to kill himself.
M.M.R. v. Travelers, 2021 CanLII 124045 (ON LAT)
2021-12-02
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Successful dismissal of an Applicant's Reconsideration Request alleging bias of the LAT Member, improper provision of caselaw to the LAT, and arguments regarding an alleged misinterpretation of the SABS. The LAT Member agreed that the Applicant did not provide sufficient evidence or argument on the allegations of bias and that Reconsideration is not an opportunity to re-argue the submissions made at the initial hearing.
Intact v. Economical, 2021 ONSC 7750
2021-11-23
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Superior Court Appeal confirming the OAP 1 extends accident benefits coverage to a rental vehicle as a "temporary substitute automobile" so long as the described vehicle is not operational.
Economical and Intact
2021-07-19
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Economical policy provided coverage for temporary replacement vehicle under the OAP 1, meaning that it was the priority insurer and could claim loss transfer against Intact.
Dominion v. Ridi, 2021 ONSC 3707
2021-05-20
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Precedent setting Divisional Court appeal decision confirming that for accidents prior to June 3, 2019, HST is payable as an incurred attendant care expense within the policy limits. In the initial LAT Hearing, the Adjudicator decided that HST is not a “reasonable and necessary” expense and therefore was not subject to the $6,000 limit in s.19(3) of the Schedule or the policy limit of $1,000,000. He concluded that the insurer has to pay it as a tax, which the Adjudicator found was distinct from an expense. The Divisional Court concluded: "The problem with this reasoning is that the tax legislation does not impose an independent obligation on the insurer to pay HST and s. 14 of the Schedule only requires the insurer to compensate the insured for attendant care benefits as they are defined under s. 19: “reasonable and necessary expenses.” Therefore, if the HST is not a “reasonable and necessary expense” under the Schedule, the Schedule does not obligate the insurer to pay it."
Dockstater and Technology Insurance Company
2021-04-13
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Successful motion for production of prior AB claims file and medical records more than three years prior to the current MVA.
Kasbar v. Travelers, 2021 CanLII 30412 (ON LAT)
2021-03-30
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Successful preliminary issue motion pursuant to sections 32 and 55 of the SABS dismissing the accident benefits claim due to the failure to notify the Insurer of the claim within the timelines of the SABS.
Algoma and Co-Operators
2021-03-23
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Important priority decision confirming the consequences of Co-Operators' deflection of the claim to Algoma, with optional benefits under the Co-Operators policy.
Ahmed v. Optimum, 2021 CanLII 19485 (ON LAT)
2021-02-12
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LAT decision dismissing the majority of the disputed OCF-18s and a claim for a s. 10 award.
Galit v. Technology (LAT 19-011457)
2021-02-01
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Interim decision requiring the Applicant to produce outstanding productions and for summonses issued to third parties for employment and LTD records.
Galit v. Technology (LAT 19-011457)
2020-09-23
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An important decision regarding the LAT's common-law duty to safeguard the identity of a whistleblower and to avoid a chilling effect that may impact other informants from providing assistance in cases involving alleged insurance fraud.
M.M.R. v. Travelers, 2020 CanLII 51286 (ON LAT)
2020-06-22
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The Applicant's claims for a s. 10 award and costs were dismissed. The LAT found that the Insurer did not unreasonably withhold payment of IRBs as the Applicant delayed in providing the necessary information and forms to support the claim for IRBs.
S.K. v. Technology, 2020 CanLII 61457 (ON LAT)
2020-06-19
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Preliminary issue hearing dismissing an OCF-18 on the basis of the two-year limitation period.
F.R. and Dominion, 2020 CanLII 40336 (ON LAT)
2020-05-29
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Reconsideration decision challenging the LAT's incorrect finding that HST is a tax payable outside of the benefit policy limits. The adjudicator declined to find that an amount is only payable if it is an incurred expense. This incorrect result was then reversed by the Divisional Court and affirmed by the Court of Appeal.
Applicant and Dominion, 2020 CanLII 12760 (ON LAT)
2020-02-14
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The LAT incorrectly found that HST is a tax payable outside of the benefit policy limits. This result was then reversed by the Divisional Court and affirmed by the Court of Appeal. A benefit amount is only payable if it is an incurred expense. Incurred expenses are payable from within the policy limits, or they are not payable at all.
A.A. v. Technology
2020-02-03
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LAT proceeding removing the Applicant from the MIG but denying entitlement to $8,000 in claimed s. 25 assessments.
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.
Adesina John v. RBC, 2017 ONFSCDRS 144 (CanLII)
2017-05-19
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FSCO Appeal pertaining to an order that the Applicant's paralegal personally pay the costs of a frivolous proceeding.
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.
McAlpine v. Northbridge, 2015 ONFSCDRS 201 (CanLII)
2015-10-02
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Interesting decision dealing with whether an insured person trampled by a horse was involved in an "accident".
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 decade, 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 2019