Bar Dispute Resolution Group Forum (Counsel Forum)

Minutes of Meeting held on November 27, 2015

Members Present:

Philippa Samworth (Chair), Dutton Brock LLP
Geoff Keating, Kostyniuk & Greenside
Eric Grossman (Acting Chair)
Adam Fox, Smockum Zarnett LLP
Michelle Friedman, Withrow & Associates
Ryan Everett, Bell Temple
Alex Voudouris, Pace Law Firm
Catherine Zingg, Flaherty McCarthy LLP
Traci Hannigan, Intact Net via teleconference
Elizabeth Wilson, BBO via teleconference

FSCO Attendees:                                                                      

Asfaw Seife                                                              
J.R. Richards
Janine Macey
John Lobo
Isobel Fealdman
Shayna Wiesenfeld
Tony Toy
Christina Pearce


Graham Boswell


  1. Meeting on September 25, 2015
    Approved as amended.
  2. DRS Status Report – Statistics and Staffing Updates
    John Lobo, J.R. Richards and Asfaw Seife provided statistical updates for Mediation, Arbitration and Appeals with reference to the reports distributed to members. J.R. Richards advised that the Arbitration Unit will remain at the same FTE complements and will continue to monitor the transition's impacts on the Unit. 
    Judicial Review:
    Updates since September 25, 2015 were provided in a memo from Asfaw Seife to Forum members and reviewed.

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:



  • A summary of draft transition regulations dealing with existing cases at FSCO as of April 1, 2016 to be posted on the government's regulatory registry in early December 2015;
  • The Rules and Procedures of the new AIDRS will be consistent with Mr. Justice Cunningham's recommendations. Proposed rule changes will be posted to the LAT website for public comment in December 2015;
  • The Recruitment for approximately 80 full and part time appointees to LAT is currently underway. Adjudicators who will be working on AIDRS cases will receive training focused on the Statutory Accident Benefits Schedule and auto insurance benefits dispute resolution;
  • For longer-term implementation, the Government will be working with industry throughout 2016 to develop proposals for an internal review mechanism for insurance companies.
  • LAT's commitment to keeping stakeholders informed and providing ongoing opportunities for input through this transition process. In addition, regular updates will be provided via email to those who subscribe.

Discussion followed.

LAT/SLASTO and DRS Counsel Forum Meeting:
Philippa Samworth suggested that a DRS Counsel Forum also be established for the LAT. Graham Boswell advised that he would take the suggestion to the working group.

KITTY/CAT: The New and the Old:
Philippa Samworth advised members that she will be co-chairing the upcoming conference on the KITTY/CAT: The New and the Old scheduled on February 24, 2016 with the Medico-Legal Society.
Next Dates for DRS Counsel Forum Meetings:
January 22, 2016; April 1, 2016; September 30, 2016 and November 25, 2016.

Round Table Discussion followed.

Next Meeting – January 22, 2016