Counsel Forum Minutes of Meeting - January 30, 2004

Approval of Minutes

• The minutes of the meeting held November 23, 2003, were approved.
  

Automobile Insurance Reform Update

• Margaret Orlander was once again kind enough to address the forum to discuss the status of various reforms and initiatives being undertaken by the government in the automobile insurance field.
  
• Various regulations were filed at the end of December, 2003, to take effect April 15, 2004.
  
• Among other things these regulations will deal with Income Replacement Entitlements for PAFI and PAFII injuries.
  
• The regulation is O. Reg 458/03
  
• There are changes to transportation expenses, attendant care benefits, calculating income replacement benefits, etc.
  
• Proposed changes to the DAC system, including setting maximum fees that a DAC can charge for various types of assessment were also briefly discussed.
  
• These changes will come into effect in March, 2004.
  
• Finally, Ms. Orlander indicated that the government continues to work on various automobile insurance initiatives, including the possibility of creating "customised" insurance policies.

Mediation

• Shonna Neil addressed the forum concerning mediation matters.
  
• She advised that face-to-face mediation percentages were down slightly in the last quarter of 2003 and likely reflects the increased file activity during this period for mediators, and both insured and insurer representatives.
  
• Phone mediations are seen to be a more efficient use of time by eliminating the need to travel.
  
• Historically the full and final settlement rate at mediation has been 50%. During the last quarter, October- December 2003, the rate dropped to 38%. The Commission believes this change reflects the impact of Bill 198 provisions specifically changes made to the Settlement Regulation. The regulation has meant that parties are not settling cases on a full and final basis until at least one year has passed since the automobile accident.

Arbitration Statistics

• Arbitration applications are up slightly in the last quarter of 2003.

• In December, 2003, more than 240 Arbitration Applications were received.
  
• The figure for January, 2004, will be about 200, which is significantly higher than anticipated.
  
• The year by year number of Arbitration Applications continues to rise by somewhere between 6 and 10 % per year.
  
• The number of Arbitration cases settled prior to a full hearing was 91% in the last quarter of 2003.

Appeals and Judicial Review

• There are approximately 50 appeals in the system at any given time.
  
• Arbitrator David Evans has been appointed to the Appeals Unit for a one year secondment.

Operational Update

• Mediation Applications with "fillable" fields are available on the FSCO web site.
  
• They have been available since October, 2003.
  
• There will be further fillable forms available on the FSCO web site by Fall 2004.
  
• The government continues to move ahead with plans to have an e-filing system in place for both Mediation and Arbitration Applications.
  
• The present implementation date for introducing electronic filing for mediation applications is approximately September, 2004.

Dispute Resolution Practice Code Amendments

• There were some changes made to the Dispute Resolution Practice Code effective October, 2003.
  
• These are largely housekeeping changes.

Outreach Program

• There will be a continuing education program held in co-operation with the Hamilton Law Association at the court house in Hamilton on February 12, 2004.
  
• A program is continuing to be planned to be held in Kingston, Ontario in March, 2004.

Paralegals/SABS Representatives

• As of November 1, 2003, all SABS representatives must file with FSCO.
  
• All filed representatives are listed on the FSCO web site.
  
• When mediation applications come in showing a representative who has not filed, FSCO sends out a letter to the injured person advising that their representative is not filed and inquiring how he/she wishes to proceed.
  
• There was a lot of discussion in the forum concerning the issue of paralegal representation and their filing process with FSCO.

Appointment of New Chair for Counsel Forum

• It was pointed that the chair of the counsel forum generally sits for a two year term, and that the meeting to be held on May 28, 2004, will mark the second anniversary of the present chair, Stanley Pasternak.
  
• A committee will be struck at the next meeting to discuss choices for a new chair.