Kadey B.J. Schultz

E. kschultz@schultzfrost.com
T. 416.969.3436
F. 416.969.3435
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Over 17 years of insurance defence litigation practice with significant arbitration, trial and appeal experience at the FSCO, Superior Court, Divisional Court and Court of Appeal, 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 accident benefits claims, tort defence and anti-fraud, defending and prosecuting against opportunistic and organized auto, property, life and health fraud. I also act as appellate counsel for accident benefits, loss transfer and priority matters. I am thrilled to be honoured with the Lexpert Rising Stars, Leading Lawyers under 40 Award, as well as more recently, the Lexpert Zenith Mid-Career Excellence Award.

In addition to my practice, I am an adjunct professor at the University of Windsor Faculty of Law, teaching the Lawyer as Conflict Resolver and the Professional Identity and Legal Skills (PILS) courses.

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 recently was appointed to the Council of the Medico-Legal Society of Toronto for a three year term.

Volunteering is a very important part of my life.  I am a member of the WICC Gala Committee and volunteer/fund raise 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 help end Duchenne Muscular Dystrophy. 

As a lawyer, mother, mentor, educator and thought leader, I am rewarded when those around me shine to their fullest potential. 

 

WORK EXPERIENCE

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

Specializing 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 tort, AB and property, as well as personal injury claims, general negligence and solicitors' negligence.

Adjunct Professor, University of Windsor, Faculty of Law (January 2014 - present)
Teaching the Lawyer as Conflict Resolver course

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

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

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

Sessional Professor, Brock University, St. Catharines (Aug. 2002 - Jan. 2005)
Designed and instructed Introduction to Dispute Resolution Course (POLI IP50), Criminal Justice and Policing Program,    Department of Political Science.

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

 

EDUCATION

Year of call: 2001 

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)

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)

 

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.
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.
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 four years 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