MEETING: Wednesday, January 12, 2005

10:00 a.m.
Tribunal Room - Room 20, 14th floor

Dispute Resolution Group Companies Forum Minutes of Meeting January 12, 2005

Attendees:

 The Dispute Resolution Group – Companies Forum includes representatives from auto insurance companies dealing with disputes before the Commission involving motor vehicle accident claims and Statutory Accident Benefits. It consults with the Dispute Resolution Group of Financial Services Commission of Ontario on issues relating to the dispute resolution system.

Opening
The meeting was called to order at 10:30 a.m. on January 12, 2005.

The minutes of last meeting were approved.

There were no matters arising from the previous meeting’s minutes.

Auto Insurance Reform:
There was a consultation document sent out in December 2004.

• All stakeholders have had a chance to see it.
• It contained draft regulation changes and changes under the unfair acts and practices section.
• There has been a lot of feedback to date on the changes
• There will probably be a stakeholder meeting on the UAP part of the regulations in the near future
• Feedback received has been mixed
• The DACs do not like the proposed changes
• There are concerns regarding costs and time limits

Statistics Review:

• Mediations are down slightly
• Process issues are being addressed and the time to assignment is getting shorter
• There was a question regarding online applications process, are they still being printed rather than being submitted electronically.  The answer was that this was indeed the case.
• The timeline for electronic submission has set a goal for e-filing for next spring.
• Arbitrator Sapin asked if there was a way for insurers to assist with perfecting of files.
  • Discussion around this question brought up a number of points:
  • That insurers are not exactly eager to assist claimants in initiating the ADR process, this is counterproductive
• There was a discussion of the DRCD
  • Changes
  • E-Filing
  • Usefulness
  • Responses

The Group tabled a discussion regarding “Big” ideas for DRG to the next meeting with the understanding that members would take the request away and attempt to generate some ideas for improving the process in whatever way.

• We were asked to provide feedback on specific “aggravation points” and consider options that would help, but to bring up the problems for discussion.

Arbitration & Appeal Stats – Arbitrator Sapin completed the statistics review for arbitration and appeals.

DR Operational Changes:
There have been some changes to the DR Group at FSCO, these are reflected on the flowchart that was handed out at the meeting. 

The group asked about the DR changes report that was generated in part from the interview that occurred during the last meeting, Mr. Draper agreed to review the request and see if it would be possible to provide a copy of the report to the group.

Company’s Forum extended a welcome to Mr. David Draper and Arbitrator Susan Sapin in their new roles at FSCO.

Discussion of Mediators role in Full and Final Discussions:
Issues were discussed and the group emphasized that different company’s approach the settlement process differently.  A suggestion was made that perhaps before the mediator discusses settlement, they caucus with both sides to measure interest in the process.

Jurisdictional Issues:
DRS is attempting to look at the entire DR process in order to suggest improvements and new efficiencies. They are looking for feedback on “sticking points” in the process that could encourage efficiency in DRS.

Other Business:
There is a new computer terminal in the DRS reception on the 14th floor.  It has access to FSCO decisions, E-Laws and case lists.

There will be a discussion regarding a new chair for Company’s Forum at the next meeting.  Please bring your recommendations to the table.