ARTICLES AND PRESENTATIONS

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A Map of a Disability Claim
by Roseanna Ansell-Vaughan 2016-10-04
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This recent arbitration decision highlights the key issues in disability disputes and provides a checklist of pitfalls to avoid. Excellent reading to any counsel concerned with the issue of whether a continued disability exists in a first party disability claim.

Law Times Article: Insurance Defence Boutiques Have Flexibility in Approach
by Michael McKiernan 2016-03-28
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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. 

Presentation: Before the Changes Come - The Top Ten AB Cases of 2015
by Kadey B.J. Schultz 2016-02-03
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What you need to know about the latest developments in Accident Benefits!

Get up to speed on changes regarding:


- The ability of insurers to conduct EUOs

- Why catastrophic impairment is NOT a benefit (and the implications)

- Limitation periods

- Interest on retroactive attendant care benefits

- Loss transfer in chain reaction collisions
Presentation: Cyber Risk in Canada -- What to Watch Out for and How to Be Prepared
by Kadey B.J. Schultz 2016-02-02
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This dynamic OBA Institute presentation focuses on Cyber Risk, Privacy Laws, New IIROC Best Practices and Must-Do's for law firm security in 2016.
Kadey Schultz Receives Multiple Top Lawyer Awards
by Jason Frost 2015-11-19
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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.
Deepening our Strength and Service
by Anne Fyfe 2015-11-09
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Anne Fyfe has joined Schultz Frost LLP - and we're thrilled. A perfect fit for our progressive brand of insurance defence litigation.

ONCA Confirms Absurdity of Superior Court's Rule 9 Interpretation
by Kadey B.J. Schultz 2015-10-20
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With a unanimous 3-0 decision, the Court of Appeal confirms that heavy commercial vehicle insurers only pay loss transfer to insurers of vehicles with which they actually collide under Rules 9 and 11 of the Fault Determination Rules.

Investigators Trawl Social Media to Catch Fraud
by Sara Tatelman 2015-05-01
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It starts like any love story: twenty-something girl meets car. Girl and car get into a crash. Girl files a catastrophic injury claim with her insurance company. Then girl goes off the grid.
Phish Tales
by Kadey B.J. Schultz and Aleksandra Zivanovic 2015-04-16
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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.
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.
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.
Liability Issues in Pedestrian and Cyclist Cases
by Roseanna Ansell-Vaughan 2015-02-04
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OBA Winter Institute The Essential Insurance Law Update
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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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.

Recent Statements by the Courts on the Law of Costs
by Roseanna Ansell-Vaughan 2014-10-22
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OBA Insurance Law Section program Motor Vehicle Tort Litigation In Ontario: Critical Updates
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.
MIG: Gone With the Wind
by Joy Stothers, Kadey B.J. Schultz and Jason Frost 2013-06-01
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In the initial ruling in favour of Lenworth Scarlett, an arbitrator for the Financial Services Commission of Ontario released the first decision in consideration of the Minor Injury Guideline (MIG) of the province's automobile insurance regulation.
Recent Statements by the Courts on the Law of Costs
by Roseanna Ansell-Vaughan 2013-04-03
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OBA Insurance Law Section program Motor Vehicle Tort Litigation In Ontario: Critical Updates
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?
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.
Managing Auto Fraud
by Kadey B.J. Schultz and Chris Rain, VP Claims, Arch Insurance for Canadian Underwriter 2012-05-01
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Kadey B.J. Schultz and Chris Rain, Arch Insurance Vice President of Claims, consider how to apply risk management principles to prevent auto insurance fraud.
Access to Private Facebook Pages a Question of Logistics, Not Privacy
by Canadian Underwriter 2011-12-01
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Defence counsel's use of private Facebook pages in litigation is not an issue of breaching the plaintiff's privacy so much as it's an issue of logistics and the timing associated with accessing information on private pages.
Litigation Looms Over Minor Injury Cases
by Judy Van Rhijn 2011-10-17
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Many insurance industry professionals are predicting a deluge of litigation over the many uncertainties associated with the application of the minor injury guidelines.
The Era of Active Communication
by Kadey B.J. Schultz 2011-09-01
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Ontario's auto reforms highlight the importance of documenting all communications with consumers - even if those communications prove to be entirely one-sided.
Falling Under
by Laura Kupcis 2011-08-05
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While more than 50 per cent of all claims in Ontario are currently falling under the MIG, this could have serious cost ramifications in future if case law does not favour insurers who are applying the MIG prior to the renewal date.
More than 50% of all AB Claims Falling Under the MIG
by Canadian Underwriter 2011-05-16
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The issue is not how many claims fall into the MIG at the outset, but how many stay in the MIG, which will only be borne out by time and the development of case law.
Language Divide
by Vanessa Mariga 2011-05-01
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A government blue-ribbon panel of medical experts has produced a proposed new draft of Ontario's catastrophic impairment definition, including a welcomed "line in the sand" against combining physical and psychological impairments to determine whole person impairment. But how will the medical terminology in the new definition be translated into the language of case law?
Hitting the Mark Aiming for Successful SABS & MIG Outcomes
by Laura Kupcis 2011-04-01
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The more things change, the more they stay the same. Slightly more than six months after the rollout of the revamped Statutory Accident Benefits Schedule (SABS), including the implementation of the Minor Injury Guideline (MIG), health care providers have raised concerns about decisions adjusters are making with respect to a claimant's health. Conversely, adjusters are raising concerns about health care providers' treatment requests made on behalf of claimants.
Best Practices Help to Avoid Special Arbitration Awards When No Benefits are in Dispute
by Canadian Underwriter 2011-02-09
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A recent Financial Services Commission of Ontario (FSCO) decision - which granted a special award when there were no benefits in dispute - should prompt adjusters to follow a set of best practices to avoid a similar decision in the future.
Loosening the Cap
by Vanessa Mariga 2011-01-01
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When the Financial Services Commission of Ontario (FSCO) placed a $2,000 limit on AB assessments under its Minor Injury Guideline (MIG) in September 2010, it intended to restrict a ballooning area of expense for insurers. But now, four months into the reforms, a debate has opened about whether the restriction is in fact too tight.
Ontario's $2,000 Cap on AB Assessments Could be Vulnerable to Charter Challenge: AB seminar panelist
by Canadian Underwriter 2010-11-01
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By including a health practitioner's travel and translation costs within a $2,000 limit on auto insurance accident benefits assessments, the new Ontario auto insurance reforms may be heading down the highway towards a Charter challenge.
Defining Minor Injury
by Laura Kupcis 2010-10-01
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While the insurance industry is hopeful the new Minor Injury Guideline (MIG) will successfully curb claims costs, there is an underlying current of fear that perceived loopholes in the MIG might thwart its effectiveness.
A $25,000 Question?
by Kadey B.J. Schultz 2009-12-01
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An award of aggravated damages for mental distress exceeding the value of the benefits in dispute.
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