Bar Dispute Resolution Group Forum (Counsel Forum)

Minutes of Meeting held on November 25, 2016

Members Present

Philippa Samworth (Chair), Dutton Brock
Geoff Keating, Kostinyuk and Greenside
Adam Fox, Smockum Zarnett LLP
Marni Miller, ZTGH
Josh Marcus, Bell Temple
Odette Fraser, Withrow & Associates
Joan Takahashi, Gilbertson, Davis
Michelle Friedman, Withrow via teleconference

FSCO Attendees

John Lobo
Helen Liu
Christina Pearce


  1. Meeting on September 30, 2016
    Approved as amended.
  2. Dispute Resolution Services (DRS) Status Report – Statistics and Staffing Updates
    John Lobo provided statistical updates for arbitration and appeals with reference to the reports distributed to members.  

    John Lobo advised that with the conclusion of mediation services and the winding down of arbitration services that the following positions were surplussed:
    • DRS Branch Director
    • Senior Arbitrators
    • Mediation Manager
    • Mediation Team Lead

    John Lobo has been appointed the Project Director of Auto Services and will be responsible for the wind down of arbitration and appeals.


    John Lobo provided a staffing update for the Arbitration and Appeals Unit and advised that there will be a competition in early 2017 for two appeal officers’ positions, both currently back-filled.

  1. Judicial Review
    Updates since September 30, 2016, were provided in a memo from John Lobo to Forum members and reviewed.

Other business:

  • Philippa Samworth advised members that a meeting has been set up with the Ministry of Attorney General next week to discuss the Licence Appeal Tribunal system. She will report back at the next scheduled meeting.
  • John Lobo confirmed that ADR Chambers is working on completing all proceedings before the expiry of their contract. There was a brief discussion regarding the new issues being added to existing arbitrations and the need for early productions to avoid process delays.
  • John Lobo advised of the recent announcement that the government intends to introduce legislation that, if passed, would establish the initial parameters of the new Financial Services Regulatory Authority (FSRA). More information can be found on the Ministry of Finance’s website.
  • Counsel Forum members decided that the next meetings will be scheduled on March 31, 2017, and September 22, 2017. Meetings scheduled on January 31, 2017, May 26, 2017, and November 24, 2017, have been cancelled.
  • Christina Pearce will be sending an email to remind members.

 Next Meeting – March 31, 2017