DRPC Fourth Edition - Updated January 2014

[Information] As of April 1, 2016, the Licence Appeal Tribunal of the Safety, Licensing Appeals and Standards Tribunal Ontario (SLASTO) will assume all new applications for dispute resolution services.
 
Beginning April 1, 2016, FSCO no longer accepts applications for mediation, neutral evaluation and arbitration. This includes applications for arbitration where the Report of Mediator is issued before or after April 1, 2016.
 
FSCO will continue to be responsible for all files remaining open as of March 31, 2016, and the Dispute Resolution Practice Code will only apply to those files.
 
To get more information about accessing auto insurance dispute resolution services as of April 1, 2016 go to http://www.slasto.gov.on.ca/en/AABS/Pages/default.aspx [New Window].

 

 

See Practice Code Archives for earlier editions.

 

Collected Printable Format

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PREAMBLE

 

SECTION A — RULES OF PROCEDURE

PART 1 : GENERAL RULES FOR DISPUTE RESOLUTION

  1. Interpretation
  2. Guidelines
  3. Practice Notes
  4. Definitions
  5. Dispute Resolution Services and Documents
  6. Filing
  7. Service of Documents
  8. Calculation of Time
  9. Representation
  10. Party under Disability
  11. Time Limits for Mediation, Neutral Evaluation or Arbitration

PART 2 : MEDIATION

  1. Application for Mediation
  2. Appointment of a Mediator
  3. Response to Application for Mediation
  4. Combining Applications and Adding New Issues
  5. The Mediation Process
  6. Participation in Mediation
  7. Confidentiality during Mediation
  8. Time Limits for Mediation
  9. Settlement of an Issue
  10. Failure of Mediation
  11. Report of Mediator
  12. Amendment of Mediator's Report
  13. Referral to Neutral Evaluation

PART 3 : ARBITRATION AND NEUTRAL EVALUATION AT THE COMMISSION

  1. Application for Arbitration
  2. Options Available to an Insurer, Including Neutral Evaluation at the Commission
  3. Response by Insurer
  4. Appointment of an Arbitrator
  5. Reply by the Applicant for Arbitration
  6. Combining Applications
  7. Severing Issues
  8. Exchange of Documents Before Pre-Hearing
  9. Pre-hearing Discussion 
  10. Failure to Comply
  11. Settlement Conference prior to Scheduled Hearing Date
  12. Confidentiality During Settlement Discussions
  13. Hearings
  14. Time Lines for Written Hearings
  15. Evidence
  16. Surveillance Evidence
  17. Witnesses
  18. Expert Witnesses
  19. Reopening of Hearing
  20. Neutral Evaluation at the Commission
  21. Case Summary for Neutral Evaluation
  22. Termination of Neutral Evaluation
  23. Opinion of the Neutral Evaluator
  24. Report of the Neutral Evaluator
  25. Referral to Arbitration After Neutral Evaluation

PART 4 : APPEAL OF ARBITRATION ORDER

  1. Appeal
  2. Starting an Appeal
  3. Time for Appeal
  4. Response to Appeal
  5. Written Submissions
  6. Appeal by Respondent ("Cross-appeal")
  7. The Appeal Process
  8. Preliminary Conference
  9. Non-participation
  10. Interventions
  11. The Intervention Process

PART 5 : VARIATION OR REVOCATION OF AN ORDER

  1. Application for Variation/Revocation
  2. Response to the Application for Variation/Revocation
  3. The Variation/Revocation Process

PART 6 : GENERAL PROCEDURES FOR HEARINGS

  1. Applicability of this Part
  2. Orders
  3. Court Enforcement of Orders
  4. Orders Within Proceeding: Motions
  5. Dismissal of Proceeding Without Hearing
  6. Settlement
  7. Withdrawal
  8. Inability of an Adjudicator to Complete a Hearing
  9. Adjournments
  10. Summons to Witness
  11. Transcripts
  12. Award of Expenses
  13. Offer to Settle
  14. Communication of an Offer to Settle or Response to an Offer to Settle
  15. Expenses of Representatives
  16. Assessment of Expenses
  17. Constitutional Question and/or Charter Issue
  18. Waiver of Procedural Requirements
  19. Testimony and Civil Proceedings

SECTION B – GUIDELINES

  1. Pre-approved Framework Guideline for Grade I and II Whiplash Associated Disorders
  2. Minor Injury Guideline
  3. Attendant Care Hourly Rate Guideline
  4. Professional Services Guideline (From July 1, 2010 to August 31, 2010)
  5. Professional Services Guideline (As of September 1, 2010)
  6. Optional Indexation Benefit Guidelines
  7. Transportation Expense Guideline
  8. Cost of Assessments and Examinations Guideline
  9. Revised Optional Indexation Benefit Guideline, 2011 Indexation Percentages, and Revised Deductibles/Monetary Amounts under Bill 164
  10. Professional Services Guideline (As of August 3, 2013)

SECTION C – PRACTICE NOTES

  1. Using Medical Evidence to Support Your Claim for Accident Benefits
  2. Reaching a Settlement Within the Dispute Resolution Process
  3. Participation and Representation at Dispute Resolution ("Authority to Bind")
  4. Exchange of Documents
  5. This Practice Note has been removed.
  6. This Practice Note has been removed.
  7. The Arbitration Pre-hearing Discussion
  8. Attendance of a Witness to an Arbitration Hearing By Summons
  9. Adjournments
  10. This Note has been archived.
  11. Jurisdictional Issues Arising in Mediation
  12. This Practice Note has been removed.

SECTION D – FEES AND ASSESSMENTS

  1. Fees
  2. Insurer Assessment
  3. Payment of Fees – By the Insured Person
  4. Payment of Fees and Insurer Assessment – By the Insurer

SECTION E – SETTLEMENT REGULATION

The Settlement Regulation

Settlement Disclosure Notices

SECTION F – EXPENSE REGULATION

SECTION G – FORMS

 

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