1. Review and Approval of Minutes from December 4, 2008 Meeting

• No changes made.

2. Matters arising from the Minutes

• No matters arising from the minutes.

3. DRS Excellence Update by Janine Macey

• Working with IT platform.
• In process of weekly meetings.
• End of October 2009 to mid November 2009 target date.
• Still in preliminary stages to bring any information.

4. Outreach Committee Update by John Richards and Jacqueline Moriarty

• November 2008 participated in event @ The Law Society – training for paralegals.
• 85 people from The Law Society there with panel of speakers. Majority of people in attendance were plaintiff counsel. There was an offer for insurers to attend.
• There is a DVD available.
• Planning Seminar – Intro to DRS and would like input from insurers on what we would like to see included in the seminar.
• JR Richards to send email to ADR co-coordinators. Can’t move forward without our input.
• There was an outreach meeting March 13, 2009 and another one will be held 4 weeks after that.
• JR Richards to send list to Mike De La Haye of items received from the Law Society and Mike to send to our group.
• London Outreach scheduled for April 21 – 22, 2009. Targeting potential matters to offer settlement days.  If successful, will look at other opportunities in Ottawa and other locations.

5. Discussion – recent decisions affecting DRS by Asfaw Siefe

Judicial review chart to be sent to group via email. Mike De La Haye to ensure everyone in group receives.

Memo provided with updates since December 2008

a) Jetty and ING Insurance Company of Canada (FSCO P08-00012, Oct 12, 2008

      * Notice of JR application received November 2008

b) Cooper and Wawanesa Mutual Insurance Company (FSCO P08-00015, Nov 7, 2008)

      * Notice of JR application received December 2008

c) Sharma and Allstate Insurance Company of Canada (FSCO A07-001223, Jun 8/08)

      * Notice of JR application received December 2008

d) D. F. and Wawanesa Mutual Insurance Company (FSCO P06-00029, April 15/08)

      * Notice of JR application received January 2009

e) Owusu and Sarpong and TD Home and Auto Insurance Company (FSCO P08-00003 and  P08-0004 February 2, 2009)

      * Notice of JR application received February 2009

6. DRS Statistics and Staffing

Mediations by John Lobo:

• Reviewed statistics.
• From Feb 08 to Jan 09 16485 applications received. Increase of 2039 files as compared to 2007/2008.
• Pending open files 7090 at end of year. Increase of 2215 files as compared to 2007/2008
• Making progress with additional mediators and support staff.
• back log: 20 -25 calendar days.

• Filling vacant mediator position and 2 permanent team leader positions and 2 mediator positions waiting approval.
• Also hiring controls introduced in Dec 2008.
• Losing 5 mediators at end of March 2009 (fiscal year) and 3 support staff.
• Mediation Blitz Project: internal initiatives going on to deal with backlog. Have identified 3 insurers and invited the 3 insurers to participate based on their number of applications and their response has been positive.
• March 24 and March 25, 2009 set aside for blitz.
• Looking to fine tune the process as they look to offer blitz days on a more regular basis.
• Reminder to insurers to consider adding issues to Response to Mediation forms.

Arbitrations by Janine Macey

• 250- 350 range in Arbitration.
• Seeing upward trend and pending is rising.
• Increase in mediations cause increase in arbitration and pending.
• # of adjournment requests increased from 8 to 33 due to rapid increase and ability to cope with increase.
• 14 arbitrations sitting outside of 85 day time line. Hearings are longer and that is impacting scheduling.
• Staffing: full capacity. Support area at full capacity.
• Hiring restraints.
• Pre hearing should be in 6-8 weeks and Arbitrations within 6 months.

Appeals

• reviewed quarterly and yearly statistics. No significant changes. Over last 4 years 44- 45.
• Marked improvement in decisions issued within 85 days.
• Appeals Staffing: Nancy Makepeace resigned in Dec 2008. Proceeding to fill a permanent hire subject to hiring restraint.

7. ARBITRATION ISSUES

• Will says: receive before proceeding.
• Boilerplate: turn your mind to your case.
• Authority to Bind: make sure you come with authority to bind (issues & settlement).
• Non attendance of Parties: encourage parties to attend face to face. Arbitrators finding .that insurers are not attending face to face and available by telephone. This is not helpful to settlement. At pre hearing, main objective is to try to settle the matter so insurer representatives should attend face to face.
• As per ARB support, responses coming in past deadline. Def counsel getting files late due to insurer.

8. Strategic Operational Priorities by A. Seife

• Last year comprehensive review of mandate/financial review.
• This year consulting with stakeholders preparing draft of revised mandate.
• Will be posted by end of March 2009.
• June 2009 will be published in Ontario Gazette.
• Visit FSCO site at end of March 31, 2009. CEO of companies will be advised.

9. Other Business

Next Meeting Dates:

Issue of loss transfer letter brought up by Mark Cekuta. He had proposed writing to Barb at IBC regarding loss transfer payments. Discussion had whether we still wish to proceed with this. Difficulty in getting all insurers to agree and sign. Suggestion to continue to discuss this issue at next meeting.