Counsel Forum Minutes of Meeting - May 27, 2005

Approval of Minutes – Meeting of April 1, 2005
-The Minutes were approved as submitted.

Business Arising from Minutes
-None.

Auto Insurance Reform Update - Margaret Orlander
-No update to report on DAC reforms.

-FSCO issued a bulletin on May 24th outlining a reg amendment dealing with the effective time for cancellation of a policy for non-payment and the date on which insurers' notice of cancellation is deemed to have been received.  This follows an earlier reg amendment which made changes to the Statutory Conditions around termination for non-payment.

The OAP 1 has also been revised for policies on or after June 1, 2005.  The changes to the OAP 1 reflect the changes to the Stat Cons referred to above and also contain a revised definition of "spouse" that includes same sex partner, the definition of "same sex partner" has been removed from the OAP 1.  Other revisions to the OAP 1 include an extension of coverage to include unwilling occupant or those occupants who are unaware a vehicle is stolen.

DRS Statistics - Mediation - John Lobo
-John Lobo presented the statistics.
-No significant changes.

Arbitration - Status and Statistics - Susan Sapin
-Susan Sapin presented the statistics.
-No significant changes.

DRS Statistics - Appeals and Judicial Review - David Draper
-David Draper presented to statistics.
-No significant changes.
-David Draper provided a Judicial Review decisions update.

DRS Operational Changes - Update
Staffing:
-A recruitment update was provided for the positions: Manager Mediation, Team Leaders, Mediators, Arbitrators and Appeal Officers.

Website:
-Nothing new to report on.

Other Business
The following concerns were expressed :

-about Arbitrators raising issues on their own initiative that do not assist the parties and could create a reasonable apprehension of bias.

- about delays in getting back dismissal orders.
Susan confirmed that there was a backlog, which has since been cleared. There will be a posting on our Website, as to what the parties need to send in to expedite the process of getting dismissal orders and a letter will also go out to counsel advising them of these requirements.

-about Mediation Services accepting applications for mediation on issues in dispute where the amount being claimed exceed the Statutory maximum.

David undertook to ensure that the MARS system is counting the Response due date correctly

There was a general discussion on Loss Transfer and the approach being taken by the Insurance Industry.

David advised that two representatives recently lost their right to represent insured persons at FSCO. The Law Society is acting as trustee for the practice of Mr. Mohammed Muslim, The Superintendent has issued an interim cease and desist order against Mr. Robert Crosbie and R.E.C. Paralegal.                                                                                  

The meeting was adjourned just after 2.00 pm.

Next Counsel Forum Meeting will take place on Friday September 30, 2005.