*As Recognized By Best Lawyers Canada 2021
Cary is a co-founder and partner at Schneider Law Firm. He completed a degree in political science at McGill University in 1996, obtained his law degree from Osgoode Hall in 1999, and was called to the bar in Ontario in 2001. He has a diploma from Harvard University in cybersecurity, is a member of the International Association of Privacy Professionals (IAPP), and a Certified Information Privacy Professional / Canada (CIPP/C). He has been practicing personal injury litigation, all forms of insurance litigation, and cyber / privacy law ever since. Cary has substantial experience handling catastrophic loss claims, death, brain injury, orthopedic injuries, chronic pain syndrome, psychological disability, and property loss claims. In addition, he has specialized interest involving cyber breaches of personal privacy information. Cary has been retained as litigation counsel by other law firms to proceed to trial / arbitration and is available for consultation for same.
For the first 19 years of his practice, Cary primarily worked for insurance companies at a top downtown Toronto law firm and knows how they think. Cary was a contact partner at his prior law firm for many of the largest insurance companies in the country focusing on representing the interests of these large corporations. He now uses that considerable inside knowledge to assist individuals in their insurance disputes. He is a successful and experienced litigator having attended Jury Trials, Judge Alone Trials, Court of Appeal, Divisional Court, Director Delegate Appeals, License Appeal Reconsiderations, Arbitrations, and complex Superior Court Motions such as Summary Judgment motions. Between 2013 – 2018 he has a total of 35 reported or pending decisions.
Cary is the founder and author of a quarterly newsletter that addresses wide-ranging insurance related topics that is currently in its 12th year of publication. His articles are used as resource materials for post-secondary education for training for insurance professionals and have been re-published in industry journals such as Without Prejudice, Canadian Underwriter, and Canadian Corporate Counsel. He has been a presenter at continuing legal conferences to educate other lawyers about personal injury litigation.
When not at work he is actively involved in playing sports including baseball, ball hockey, and golf. He is the head coach of his son’s baseball team, is an avid reader, enjoys travel, and the ultimate Toronto Blue Jay baseball fan.
Cary focuses on being effective and efficient in his law practice with the goal of achieving excellent results for his clients in a timely matter. He has strong advocacy skills and takes great pride in ensuring that his clients are well served.
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Reception / Law Clerk: Angel Prince-Miller: Reception@schneiderlawfirm.ca
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REPORTED DECISIONS (limited 2013-2018)
- Otto v. Sin (2013) Jury Trial
Jury Trial commenced by two married plaintiffs (doctor and nurse) who were involved in a motor vehicle claiming compensation for general and special damages.
- Cipriani v. Chang (2013) Jury Trial
Jury Trial commenced by an insurance broker involved in a motor vehicle accident claiming compensation for general and special damages.
- Gayathri v. State Farm (2013) Arbitration
Arbitration regarding a claim for housekeeping and caregiving accident benefits.
- Sharooz v. Lin (2014) Superior Court Determination of Law Motion
Superior Court Determination of Law precedent setting motion regarding priority of insurance in a tort claim revolving around the use and operation of a rental vehicle.
- Zaya v. State Farm (2015) Arbitration
Arbitration precedent setting claim revolving entitlement to caregiving and housekeeping benefits in transitional policy claims.
- Bragg v. Ward (2015) Superior Court Summary Judgement Motion
Superior Court Summary Judgement Motion regarding the consent to operate a vehicle between spouses.
- Chernet v. RBC General Insurance Company (2015) Arbitration
Three week Arbitration revolving a claim for catastrophic determination and entitlement to all heads of benefits in an accident benefits claim.
- Fennel v. Deol (2016) Ontario Court of Appeal
Ontario Court of Appeal regarding the issue of limitation periods pertaining to the issuance of a claim and crossclaim.
- Sorita v. Sorita (2016) Superior Court Summary Judgment Motion
Superior Court Summary Judgment Motion addressing the issue of a missed limitation period pertaining to the issuance of a claim.
- Ismail v. State Farm (2016) FSCO Motion
FSCO Motion addressing the right of an insurer to be entitled to proceed with insurer examinations in a catastrophic claim and impact on Arbitration date.
- Kulaveerasingam v. State Farm (2016) Director’s Delegate Appeal
Director’s Delegate Appeal pertaining to the issue of determination of the proper calculation of pre-judgment interest in a transitional policy claim.
- Rezaiezadeh v. State Farm (2016) Director’s Delegate Appeal
Addressing a claim for non-earner benefits and medical benefits.
- Contreras v. State Farm (2017) Arbitration
Arbitration addressing the claim for income replacement benefits and non-earner benefits.
- J.S. v. RBC General Insurance Company (2017) LAT Arbitration
LAT Arbitration addressing the entitlement to medical benefits in an accident benefits claim.
- Kulaveerasingam v. State Farm (2017) Divisional Court Motion
Divisional Court Motion regarding the ability for a claimant to enforce a Judgment before the hearing of an appeal.
- Maqsood v. RBC General Insurance Company (2017) LAT Motion
LAT Motion addressing the issue of the entitlement to costs in a License Appeal Tribunal manner after the claimant unilaterally withdrew claim shortly before a hearing.
- MB v. RBC General Insurance Company (2017) LAT Preliminary Issue Hearing
LAT Preliminary Issue Hearing addressing the requirement for a claimant to attend at an insurer medical examination before commencing with an Arbitration.
- Mohamed v Arabkaramy (2017) Superior Court Motion
Superior Court Motion addressing the issue of the missed limitation period pertaining to the service of a Statement of Claim.
- CT v. RBC General Insurance Company (2017) LAT Arbitration
LAT Arbitration dealing with the entitlement for a claim for medical benefits addressing a unique claim for medical benefits.
- Contreras v. State Farm (2017) Director’s Delegate Appeal
Director’s Delegate Appeal pertaining to the right to proceed with a claim for non-earner benefits after a denial of income replacement benefits.
- Delaney v. State Farm (2017) Arbitration
Arbitration addressing a claim for non-earner benefits in a catastrophic claim.
- Kulaveerasingam v. State Farm (2017) Divisional Court Appeal
Divisional Court Appeal precedent setting decision addressing the entitlement to pre-judgment interest in transitional policy claims.
- Rodine v. Pembridge (2017) Arbitration
Arbitration pertaining to claims for non-earner benefits, attendant care, and medical benefits.
- Blythe v. RBC General Insurance Company (2018) Motion
Precedent-setting motion addressing the proper notice to be provided by an insurer to schedule an insurer examination.
- Scott v. RSA (2018) Motion
Motion on the admissibility of surveillance evidence.
- Unica Insurance v. State Farm Insurance Company (2018) Arbitration
Loss transfer arbitration regarding the applicability of which fault determination rules apply and liability.
- Scott v. RSA (2018) Arbitration
Arbitration regarding the entitlement to Non-Earner Benefits for a 16 year old claimant dealing with the issue of causation and disability.
- Kulaveerasingam v. State Farm (2018) Director’s Delegate Appeal
Addressing the issue of variation of an award of benefits following receipt of collateral benefits after an Arbitration.
- Kumar v. Allstate (2018) Preliminary Issue Hearing
Addressing issue of non-attendance at IE assessment, non-attendance at EUO, and limitation periods.
- Calabrese v. State Farm (2018) Summary Judgement Motion
Motion regarding attempt to set aside a settlement due to an allegation of bad faith
- Shay v. Aviva (2018) Arbitration and Reconsideration (results pending)
Entitlement for medical benefits and procedural issues pertaining to expert witnesses
- Padam v. RSA (2018) Preliminary Issue Hearing (results pending)
Production of medical records not requested by IE doctors and adjusting notes in relation to privilege
- Kauser v. Allstate (2018) Preliminary Issue Hearing (results pending)
Determination if an applicant was “employed” as per the Schedule for entitlement to IRBs
- Hill v. Allstate (2018) Arbitration (results pending)
Determination of entitlement to medical benefits in a chronic pain syndrome matter
- Kulaveerasingam v. State Farm (2018) Divisional Court Motion
The right of a claimant to enforce a judgment pending an appeal.