Review and Approval of Minutes from June 5, 2008 Meeting
No changes were required from minutes of last meeting.

FSCO Matters
FSCO has appointed Judith Killoran as senior arbitrator.

Andrew Rozdilisky and Beverly Caddigan have joined FSCO as Mediation Team Leaders effective July 28, 2008. There remains 1 vacant position for full time Team Leader.

DRS Excellence Update
In 2006 Knowls issued a report and made recommendations on how to improve the process. There are changes which are required to move to a dot format. The management team is currently working in an attempt to implement these changes. The recommendations included building on forms that can be completed and saved in order to move them to an electronic filing system. In addition the 5 year review could affect the process. Janine Macy will follow up to see if the report can to provided to the DRG members.

Outreach Committee
Members of FSCO Arbitration Unit are out to promote what occurs at FSCO. Co-presentations are scheduled with the Law Society to discuss the type of content which should be included in courses which relate to FSCO. The Law Society will have first half day seminar in November 2008 for paralegals.

FSCO continues to move forward with the Blitz in London as the community wants FSCO to have a regular presence. FSCO is in the process of arranging Mediators and Arbitration sent to London region to perform Mediations and Pre-Hearings. If trial is successful, FSCO will arrange regular days to have both Mediators and Arbitrators out in the London area with the possibility of expansion to Windsor.

Kanareitsev vs. TTC – February 2008 an Application for Appeal was filed. The request for the appeal has since been denied.

Ms. G. vs. Pilot – Appeal denied in June 2008.

Watson vs. TTC – Notation – March 27, 2008 court allowed TTC to pay into courts as opposed to paying Mrs. Watson (see web site for details).

Statistics – John Lobo
John reviewed the mediation statistics. Applications for mediations continue to increase which has created a backlog. FSCO continues to monitor the backlog situation and are considering other initiatives such as file assignment to Team Leaders to further reduce the backlog.

Pending at end is 6479 files which includes all open files within the system. Average processing time is high which is largely due to backlog. Assigned to report is 66 days due to extensions and lack of availability of parties within the 60 days during the summer months. Face to face mediations have dropped in August, however full settlement rate has increased from this time last year. For Administrative Closures, No Issues in Dispute remains the largest category.

DRCD (Dispute Resolution Case Directory)
Reminder and request to use this electronic tool, especially now with growing backlog. Reminder that for disputes settled prior to assignment to Mediators, written notice must be provided and file will be closed with a letter, not a report with no fee charged. If file is assigned to Mediator report will be issued and fee will be charged.
Contact for DRPC is Judy Anderson 416-226-7989.

Staffing
The 2 vacant Team Leader positions have now been filled. In addition the 2 vacant mediator positions along with the 2 contract positions have now all been filled by internal candidates. 3 more contract mediators have been hired to backfill positions vacant due to leaves. 1 more recently vacant permanent position has also been filled.

FSCO will be bringing on 3 more contract mediators: 3 over their complement, 1 short term contract to backfill an upcoming leave, 2 to the end of the fiscal year – March 2009
This will increase the number of mediators to 38 which is 2 over their approved complement. In addition they have brought on 2 additional case workers in their support area, which will reduce the pending to assignment time.
For arbitration unit here is a vacancy left by Lawrence Blackman. There is on going replacement process to fill 3 vacancies which closes September 19, 2008. The positions are to be filled by October 2008. There is also competition for 2 case administrators.

Arbitration & Appeal Statistics – Janine Macey
Janine reviewed the Arbitration & Appeal Statistics. Arbitration Applications received were lower due to summer months (652 received). In addition unavailability of clients and staffing issues led to decrease in numbers. There was an all time high for period of June – August for decisions issued in 85 days.

Appeals – Total number of appeals has increased and was highest of all four quarters.

FSCO Failing Mediations
Incident where Application for Mediation received by ING and mediation fails as applicant was not available for FSCO set dates. ING feels mediation should be withdrawn as opposed to failed if applicants do not make themselves available during the 60 day time period. Insurers worry this provides opportunity for moving issues onto Arbitration by applicants simply not making themselves available during the 60 day period.
John Lobo referred to Section 287 of Insurance Act which sates a mediator may fail mediation if they feel issue will fail. If prescription time expires and there is no settlement reached, the mediator may fail the mediation. Also the practice code states they may shut the file down. The mediator must have the consent of all parties to extend the timeline and should the mediator close the file with no mediation occurring it affects the limitation period. Monitoring by insurance companies and reporting firms that are using this tactic to FSCO or the Law Society was suggested.

Loss Transfer
Most are relying on decisions from 1994 which are now almost irrelevant. There are on going discussions between FSCO and IBC. General feeling from the DRG is it would be helpful to have an agreement between companies as to the procedures. We are currently awaiting the 5 year review for potential changes. Suggestion was made to send letter from DRG to the IBC regarding issues with Loss Transfer and Priority. DRG has also invited members of IBC to attend Companies Forum quarterly meetings.

HCAI
No new projected re-launch date has been set. Currently looking at late 2009. On going meetings continue in attempt to fix problems with the system.

5 Year Review
88 submissions. Meeting of committee for additional input on September 12, 2008. It appears focus is mainly on Tort.

Loss Transfer Decision
Aviva and RSA – 4 companies (2 protected, 2 non protected)
CanLII – Court file # 08CV-346482PD3

Upcoming – December 4, 2008 at 10 is at FSCO
March 12, 2009 at 10 is at FSCO

Minutes by Dave Alpert – Belair Direct