Jason Frost

E. jfrost@schultzfrost.com
T. 416.969.3437
F. 416.969.3435
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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 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 (September 2015 - present)

Specialization in civil litigation, focusing on the defence of Statutory Accident Benefits disputes, including first party claims for benefits, private arbitrations of priority and loss transfer disputes, the interaction between the SABS and WSIB, anti-fraud for AB, as well as tort defence. 

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

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

Student-At-Law, McTague Law Firm LLP, Windsor (August 2007 - June 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

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

Advocates' Society, Canadian Defence Lawyers, Law Society of Upper Canada and Ontario Bar Association 

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 resulting in dismissal of claims for a CAT Designation, 24 hour Attendant Care, NEBs and several Treatment Plans. 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 that would give rise to entitlement.
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
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.
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 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

 

MORE ABOUT THIS EVENT

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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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.

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