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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 Law Group 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)

 

Chubb Insurance Co. of Canada v. Zurich Insurance Company, 2024 ONSC 2929
2024-05-23
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Sonnet Insurance Company v. Sarassra, 2024 ONLAT 22-004161/AABS
2024-02-09
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Mclyntyre v. Economical Insurance Company, 2023 (ON LAT)
2023-06-23
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In McIntyre v. Economical Insurance Company, 2023 ONLAT 21-005065/AABS, Adjudicator Bruce Stanton confirmed that CAT assessments must meet the reasonable and necessary test pursuant to s.15 of the SABS for an insurer to be obliged to pay for them as well as a SPECT Scan, if needed, is accessible to the Applicant with a referral from a physician or specialist through OHIP.
Del Grosso v. Intact Insurance Company, 2023 CanLII (ON LAT)
2023-05-23
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This is the case involving an Ontario man, who misrepresented in his Application for Insurance, then had an accident in Michigan and elected to receive Michigan benefits, then got caught in the misrepresentation.
John JORDAN and William NEILSON v. Commonwell Mutual Insurance and Finnegan Insurance Brokers.
2023-02-02
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Del Grosso v. Intact Insurance Company, 2023 CanLII (ON LAT)
2023-01-04
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Interesting accident benefits decision where the applicant was barred from receiving IRBs due to material misrepresentations in his application for insurance. The applicant was ordered to repay $72,881.74 to the insurer plus interest.
John Jordan and William Neilson v. The Commonwealth Mutual Insurance Group and Finnegan Insurance Brokers Ltd.
2022-10-06
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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.

Since 2012, Music Heals has managed to raise an incredible $435,000 in support of the Biggar Endowment for Muscular Dystrophy at Holland Bloorview Kids Rehabilitation Hospital.  Music Heals 10!, June 5, 2024, at the iconic El Mocambo, is sure to get this phenomenal fundraising campaign to half a million dollars!

"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 2024

We did something...something huge and massive and game changing…

 

and now we have one more step. It's time for Music Heals 10!

 

Did you know Music Heals has raised $435,000? Since you know me so well, you can tell where I am going with this right?

 

I remember sitting with a colleague in March 2012. Emery had just been discharged after 2 months at Sick Kids. The diagnosis of #DuchenneMuscularDystrophy was causing my heart to stop whenever I would try to say those three words. #DMD was the best I could do. Fatal, muscle wasting, hideous monster of a disease was what my body felt every time I said Duchenne. My colleague asked me what I was going to do. I had no idea, but couldn’t stand the thought of saying nothing, so I murmured:

 

Raise a lot of money. Change the world. Try.

 

Last year, I was nervous about Music Heals, after the pandemic had kept us apart for three years, while feeling the pressure we all feel, all the time, with work, life, inflation, you name it. But I put out the call for your time, money and support, and you showed up…man did you show up!

 

And so it’s time to do this again, with gusto, like Emery and all the boys with Duchenne are depending on us. Time to have some good laughs and a few tears too, time to listen to #UnitedSoulNations and Lily & the J’s belt the night away, time to do some shopping (we went online with the auction last year and are repeating for another amazing shopping experience!). But most of all, it’s time to take a moment to celebrate.

 

Music Heals helped fund the Givinostat drug trial at Holland Bloorview Kids Rehabilitation Hospital.  Emery was part of the trial. The goal was to slow the progression of the disease, maintain ambulation for longer and decrease inflammation.

 

It worked.

 

It’s been FDA approved. We have to get this to Canada (rules rules rules!). Music Heals helped make it happen.

 

Remember last year when Emery got all nervous on stage? Well, he’s giving a speech this year (short, sweet, funny – just like Emery) to share what it means to have #Duchenne at 17, while still being able to walk, eat and breathe independently, go to school full time, hang out with friends, draw, game…live.

 

I said it last year, and I’ll say it again: the tradition of Music Heals is a love story of our friends, insurance industry colleagues, and family believing that we can change the world, if we do it together. Let’s get to half a million dollars on June 5 at the El Mocambo . Let’s raise the money, dance the night away, and celebrate what we can do when we do it together.

 

My friends, we never know what today will bring. Hope to see you June 5 at the El Mo.

 

For tickets, donations, silent auction and sponsorship info, please visit and share the link above with the snazzy QR code 😊

 

Thank you for all of it, everything.

See highlights
    The Duty of Utmost Good Faith
    by Kadey Schultz 2022-04-12
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    <p>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. </p> <p>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. </p> <p>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. </p> <p>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.</p> <p> </p>
    With police operations underway, uncertainty around Emergencies Act continues
    by Kadey Schultz 2022-02-18
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    <p>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.</p> <p>How the Emergencies Act is to be enacted is a hot topic in the Canadian P&C industry. </p> <p>Kadey Schultz of Schultz Frost LLP says the act could cause “long-tail financial” effects for both insurers and insureds.  </p> <p>Read the full article in Canadian Undewriter by clicking on "Read Now", above. </p>
    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 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 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 Schultz 2015-10-20
    READ NOW
    READ SUMMARY
    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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    READ SUMMARY
    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 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 Schultz 2009-12-01
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    An award of aggravated damages for mental distress exceeding the value of the benefits in dispute.
    Kadey's Latest Speaking Engagements
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    Past EventsDateCity
    Insurance Canada Business Magazine’s Women in Insurance Summit 2024-06-18Toronto

    In today’s rapidly changing insurance landscape, your professional network can be a powerful asset in ensuring the longevity and success of your business. This facilitated workshop explores the strategies and tactics for future-proofing your business by tapping into your network’s potential, insight, and energy. Learn how to:

    • Harness the power of your professional network for business longevity
    • Leverage both online and offline relationships to adapt to industry changes
    • Seize opportunities and stay ahead of trends with a strong network
    • Build a resilient and sustainable business through inspiring connections

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    Loss Transfer/Priority Disputes2024-03-07Toronto

    Loss Transfer and Priority Disputes are unique disputes that arise between insurance companies with respect to statutory accident benefit payments. This program is targeted for AB practitioners, lawyers and claims professionals alike, to refresh and update their knowledge and skills while learning from those who work in this complex area of the law.

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    Costs: What You Need to Know2024-02-09Toronto

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    Defending Accident Benefits Claims: A Crash Course2023-06-09Toronto

     

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    Creating a Comprehensive Strategy to Advance Toward Settlement2023-05-31Toronto

    When negotiating settlements, it is critical that you have an all-encompassing plan for how best to move towards settlement discussions. You will need to consider how each side wants the file to settle, the differences in how the parties analyze the file, and how both want resolution to occur before you choose an approach. Discover how to determine the best strategy and how to:

    • Know when to use which tactics: should you hold to certain positions, provide greater concessions, focus on complex arguments on liability or leverage your ability to incur further legal costs?
    • Construct a powerful offer-concession strategy and make productive counter-offers
    • Employ useful methods to develop creative settlement solutions
    • Recognize when you need to change course and when settlement is becoming likely
    • Stay alert to natural windows for settlement: when do these most often occur?

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    Durham Law Association - 5 Ways to Keep a Work/Life Balance2022-10-14Ajax

    As part of the Durham Law Association Civil Litigation Conference 2022, Kadey B.J. Schultz presented: 5 Ways to Keep a Work/Life Balance.

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    RIMS Canada: The Impact of Rising U.S. Loss Costs, Social Inflation and Third-Party Litigation Funding 2022-09-12Halifax

    Kadey Schultz will provide insight into the changing claims landscape in Canada, and the key differences between the U.S. and Canada from a litigation and social inflation perspective, including relevant case law and the emergence of TPFL in Canada. 

    Kadey will cover off the differences between Canada and U.S. court systems, the impact that U.S. court decisions and social inflation have on the Canadian landscape, and TPFL funding in Canada. The risk manager will discuss the risks that we should be aware of, and risk mitigation strategies to employ to help reduce your exposure to risk through education, mitigation and advocacy, along with a regular review of your risk selections from a financial perspective. 

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    Osgoode Certificate in Motor Vehicle Accident Law and Practice: Principles of First-Party Insurance and the Duty of Utmost Good Faith2022-04-12Toronto

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    Insurance Institute of Canada: Fireside Chat - Put Your Oxygen Mask On First2022-03-24Toronto

    Join our Fireside Chat to discuss the impact of the pandemic on our systems and structures as we "re-integrate" and what does that even mean? From business development, IT infrastructure, HR, claims management, court, and tribunal processes/resources – what does the future look like?　

    Your chapter has lined up an amazing group of industry professionals for a panel discussion on thriving after Covid shattered the traditional workplace. Join us to learn how to embrace the mindset of flexibility in this ever-changing world.

    Moderator:       

    Kadey Schultz, Partner, LL.B., LLM, Schultz Frost, LLP

    Guest Panelists:

            Sheldon Williams, Chair and Co-founder, Canadian Association of Black Insurance Professionals

            Heather Matthews, Chief Client Officer, Crawford & Company (Canada) Inc.

            Jeremy Abellera, Vice President, Business Integrations, Disaster Rx

            Deborah Upton, Vice President, Pricing, Gore Mutual

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    Insurance Institute Virtual Symposium West - Social Inflation: The biggest emerging risk you need to know about2021-08-12Toronto

    Social Inflation: The biggest emerging risk you need to know about

    “Social Inflation” describes the trend of rising insurance costs due to increased litigation, plaintiff-friendly judgments, and higher jury awards. Traditionally, the Canadian insurance industry has been more sheltered, ‘peering over the fence’ in amazement at U.S. counterparts dealing with heavy-hitting litigation awards and the general inclination toward legal action. But times are changing and our shelter is under theat. If litigation costs in Canada are creeping up, what are the causes, what does this mean for the industry, and what should insurance professionals be considering now to succeed in the future?

    Join our panel – bringing knowledge and expertise from the legal, claims, and broker perspectives – providing the very latest updates on the social inflation trend, and just how concerned stakeholders in the insurance industry should be. And as we grow our understanding of the issue, the panel will guide us through which industry segments will be most affected, as well as discussing potential risk mitigation strategies, in order to prepare for a more litigious future.

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    Law Society of Ontario: 15th Solo and Small Firm Conference2021-06-10Toronto

    Breakout Two (11:25 am - 12:15 pm) - Planning for Absences from Your Practice

    At some point in your legal career, you may want or need to take time away from your practice. Whether

    for parental or mental health leave, illness or medical leave, or to be a caregiver for others, the need

    to step away from law can be expected (or unexpected). There are steps that you can – and should –

    take to prepare for this type of situation. Find out how you can use appropriate systems when the need

    for a leave arises. Hear about how you can reduce the risk and anxiety that may come with taking an

    extended leave from practice. Hear what our speakers have done to keep their practices going when

    they were faced with these challenges themselves.

     

    Moderator: The Honourable Kathleen Erin Cullin, Superior Court of Justice

    Panelists: Kadey Schultz, Schultz Frost LLP

    Jennifer Mathers McHenry, Mathers McHenry & Co.

     

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    Unconscious Bias in the Medical and Legal Professions2020-10-07Toronto

    Join the Medico-Legal Society of Toronto for a robust skill-building session and panel discussion moderated by Kadey B.J. Schultz:

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    Virtual ORIMS2020-10-06Toronto

    HOW ARE WE DOING? 

    A Glance Into How Service Providers Are Meeting Service Challenges Under COVID Conditions

    Panel: Kadey Schultz, Schultz Frost LLP; Jeff Reitsma 30 Forensic Engineering; and Michael Alwin, Sedgwick

    Moderator: Ginette Demers, Director, Domtar

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    Insurance Institute of Ontario: Fireside Chat2020-04-28Hamilton

    Insurance Institute of Ontario: Fireside Chat

    Moderated by Kadey Schultz

    Whether you're an organizational leader or rising insurance professional, you'll gain a deeper awareness and appreciation for key issues impacting your organization, including:

    • Mergers and acquisitions
    • The ongoing evolution of EDI
    • The hard market
    • Anticipated regulatory changes
    • The threat/opportunity of InsurTech
    • What's keeping executives up at night


    7:30 - 10:30 am

    Michaelangelo’s Banquet Hall, Hamilton

     

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    3rd Motor Vehicle Litigation Summit2020-04-02Toronto

    Practitioners who do motor vehicle litigation work need one program where they can receive a comprehensive review of all things relevant to their practice. This summit has become that core program for many. Turn to these experienced presenters for an update on LAT procedures, causation, the impact of cannabis legalization, plus much more. It's time well spent.

    Cannabis: Damages Issues

    • Medical v. Recreational
    • Causation issues re: impairment
    • Psychological effects, cognition
    • Overlap with brain injuries and psychological post traumatic issues
    • Tort, Accident Benefit and Private Insurer funding

    Moderator: Jennifer Hoffman

    Panellists:    Tanya Harris & Kadey Schultz

    Donald Lamont Learning Centre, 130 Queen Street West, Toronto

    11:30 am – 12:00 pm

     

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    Osgoode Professional Development: Expert Evidence In Personal Injury Cases 20202020-03-04Toronto

    Expert Evidence and Future Care Reports: Valuable Tool Or Irritant?

    11:35 a.m. – 12:15 p.m.

    Osgoode Professional Development Centre,
    1 Dundas St. W., 26th Floor Toronto, ON

     

     

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    A Couple Years in: Has #MeToo Changed how we do Business?2020-02-27Kitchener-Waterloo

    Hosted by the OIAA: Kitchener-Waterloo

    A Couple Years in: Has #MeToo Changed how we do Business?

     

    Golf’s Steakhouse, 598 Lancaster Street West, Kitchener, ON

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    OIAA Holiday Party2019-12-11Toronto

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    2019 Unconscious Bias Conference2019-11-12Toronto

    Join Insurance and Legal industry leaders at the highly anticipated 2019 Unconscious Bias Conference and immerse yourself in a thought-provoking curriculum which was designed to provide delegates with the following key take-aways to bring back to their respective organizations:

    • Understand how to recognize and define unconscious and gender biases in the workplace
    • Know how to use practical tools to address instance of bias in a positive and proactive manner
    • Appreciate how diversity greatly benefits places of work, and what values a diverse leadership team brings to an organization + much more

    November 12th, 2019 | The Advocates’ Society | Toronto

    250 Yonge Street, Suite 2700, Toronto, ON


    8:30am – 9:00am Registration/Breakfast
    9:00am – 4:30pm (keynote, sessions, panels)
    4:30pm Closing Remarks
    4:45pm-6:00pm Cocktail Hour / Networking
        *Lunch will be provided*

    This program contains 6 hours of EDI Professionalism Content as approved by the Law Society of Ontario.

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    Medico-Legal Society of Toronto: Brain Injury - Diagnosis, Treatment, Litigation2019-10-24Toronto

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    CIP Society 2019 Symposium West2019-08-22Cambridge

    Designed by insurance professionals for insurance professionals, CIP Society Symposium West is a full day of progressive learning aimed at increasing your skills and knowledge level.

    Now in it's fourth year, the event provides a full day of professional and leadership development alongside multiple networking opportunities with insurance and business leaders.

    Symposium West is held for insurance professionals in the Southwestern Ontario, Hamilton/Niagara and Conestoga chapter areas. It brings together bright minds to give talks that a idea-focused and on a wide range of subjects, to foster learning, inspiration and wonder – and provoke conversations that matter.

    The event features:

    • Inspiring keynote speakers
    • Insightful seminar sessions • Senior leadership panel: Up Close & Personal • Unparalleled networking opportunities

     

    UP CLOSE AND PERSONAL: SENIOR LEADERSHIP PANEL

    Join these senior industry leaders 'Up Close and Personal':

    Steve Smith | President & CEO, Farm Mutual RE
    Donna Ince | Senior Vice President, Personal Insurance, RSA Canada
    Tracey Medeiros | Senior Vice President, National Operations, Gallagher
    Greg Smith | Chief Client Officer | Crawford & Company (Canada) Inc.

    Moderator: Kadey Schultz - Partner, Schultz Frost LLP

     

    https://www.insuranceinstitute.ca/en/institutes-and-chapters/Ontario/Symposium-West

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    University of Windsor - The Business of Law2019-06-23Windsor

    A special thank you to the following professionals for making The Business of Law: Start as you Plan to Continue, such a success!