Bar Dispute Resolution Group Forum (Counsel Forum)

Minutes of Meeting held on September 25, 2015

Members Present:                                                                      

Eric Grossman (Acting Chair)
Joseph Rizzotto, Rizzotto Law Firm
Michelle Friedman, Withrow & Associates
Tal Letourneau, Bell Temple
Geoff Keating, Kostyniuk & Greenside
Catherine Zingg, Flaherty McCarthy LLP
Sandra Train, Howie, Sacks & Henning
Magdalena Marcula, Kostyniuk & Greenside via teleconference
Michelle Frisch, Bell Temple via teleconference
Shirline Apiou, Dutton Brock via teleconference
Jacob Aitcheson, Lerners via teleconference
Laura Emmett, Lerners via teleconference
Adam Fox, Smockum Zarnett LLP via video conference

FSCO Attendees:                                                                    

Janine Macey                                                           
John Lobo
Isobel Fealdman
Shayna Wiesenfeld
Tony Toy
Christina Pearce


Graham Boswell

  1. Meeting on May 29, 2015
    Approved as amended.
  2. DRS Status Report – Statistics and Staffing Updates
    Janine Macey and John Lobo provided statistical updates for Mediation, Arbitration and Appeals with reference to the reports distributed to members. 
    Judicial Review:
    Updates since May 29, 2015 were provided in a memo from Asfaw Seife to Forum members and reviewed.
    Mediation Unit:
    John Lobo advised that Ann Walker, Team Leader is returning to her Mediator position on September 28, 2015, at the conclusion of her current temporary assignment. Mediators that are reporting to this team leader position, will report to Manager, Mediation. 

    Arbitration Unit:
    Janine Macey advised that recruitment for 2 arbitrators' positions is complete.  Both arbitrators started in August 2015; arbitrators now at full complement.

Other items:

Auto Insurance Dispute Resolution System (AIDRS) Project Update:
Mr. Graham Boswell, Counsel, LAT-SLASTO provided a handout and brief update on the Auto Insurance Dispute Resolution System (AIDRS) Project, which included:

  • The transfer of AIDRS to LAT-SLASTO.  
  • The Advisory Committee Support for this transformation and who the committee members are.
  • That recruitment for new appointees to LAT is currently underway, with the first appointments expected in early 2016.
  • Training provided to members of LAT and what additional training will be provided to adjudicators that will be working on AIDRS cases.
  • An invitation and email address was provided to those interested in joining an email list to receive updates about the new AIDRS. Discussion followed.

There was some discussion on previous advice/recommendations made to FSCO which were not implemented and which LAT may want to consider under their process.

ADR Forum Meeting:
Eric Grossman advised that the next ADR Chambers/DRS Counsel Forum Meeting is scheduled on October 30, 2015.  Any agenda items and notification of those attending should to be sent to Philippa Samworth.
Minor Injury Guideline (MIG):
FSCO has been conducting a consultation process with stakeholders on the Final Report recommendations. Before final guidelines on the new minor injury protocols can be implemented, the Government will need to make changes to the SABS including an amendment regarding the current mediation process.
Arbitrator Roster:
Michelle Friedman clarified that her issue was would happen to FSCO's open pending arbitration files post transition. Isobel F., Project Director, Auto Services advised that both FSCO and ADR Chambers would continue to deal with these files. 

Next Meeting – November 27, 2015