ARTICLES AND PRESENTATIONS

This paper on the duty of utmost good faith in the context of auto insurance and accident benefits is to be published in the Oatley McLeish Guide for Motor Vehicle Accidents. The paper outlines the legal history of this duty, beginning with Smith v. Cooperators and proceeding to more recent cases such as Tomec v. Economical. 

It also addresses the manner in which the duty cuts both ways, with the establishment of the independent actionable wrong principle from Whiten v. Pilot, and the possibility for insureds to pay punitive damages to insurers when they breach this duty, such as in RBC General Insurance v. Field. 

The paper discusses the consumer protection purpose of accident benefits legislation in Ontario, and provides a primer on the impact of self-representation by insured persons. 

It was authored by Kadey B.J. Schultz, and Colin MacDonald, and presented at the Osgoode Certificate in Motor Vehicle Accident Law and Practice: Tort and Accident Benefits Conference on April 12, 2022.

This paper on the duty of utmost good faith in the context of auto insurance and accident benefits is to be published in the Oatley McLeish Guide for Motor Vehicle Accidents. The paper outlines the legal history of this duty, beginning with Smith v. Cooperators and proceeding to more recent cases such as Tomec v. Economical. 

It also addresses the manner in which the duty cuts both ways, with the establishment of the independent actionable wrong principle from Whiten v. Pilot, and the possibility for insureds to pay punitive damages to insurers when they breach this duty, such as in RBC General Insurance v. Field. 

The paper discusses the consumer protection purpose of accident benefits legislation in Ontario, and provides a primer on the impact of self-representation by insured persons. 

It was authored by Kadey B.J. Schultz, and Colin MacDonald, and presented at the Osgoode Certificate in Motor Vehicle Accident Law and Practice: Tort and Accident Benefits Conference on April 12, 2022

The federal government’s Emergencies Act requires insurance companies to “immediately cease” auto insurance coverage to Freedom Convoy protestors. But the act is noticeably silent on whose insurance should be suspended or how it should be done. All that is known at the moment is that the Emergencies Act trumps notice of cancellation requirements established in provincial law.

How the Emergencies Act is to be enacted is a hot topic in the Canadian P&C industry. 

Kadey Schultz of Schultz Frost LLP says the act could cause “long-tail financial” effects for both insurers and insureds.  

Read the full article in Canadian Undewriter by clicking on "Read Now", above. 

Kadey was recognized once again by Lexpert with the Zenith Mid-Career Excellence Award.

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. 

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.

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.