1. Approval of Minutes – Meeting of March 28, 2008
Amend ‘ONTLA’ to “OTLA”. Amend “Saks” to “Sacks”.

Minutes approved with these two amendments.

2. Business Arising from Minutes - none

3. AID’S Management Changes
Tom Golfetto was introduced to the group as FSCO’s new Executive Director of AID, effective June 16, 2008. He replaces Penny Dutton, who retired at the end of March, and his appointment takes effect on June 16, 2008. The group also acknowledged the enormous contribution of David Draper prior to his departure in May to accept a new position with the Human Rights Tribunal. Asfaw Seife is the Acting Director, pending recruitment of a permanent replacement.

4. Consent Dismissal Order Documents Committee
Draft templates and instructions have been prepared in collaboration with Arbitration’s Policy and Procedure Committee, Arbitrators and the subcommittee of Counsel Forum. The group is now awaiting the outcome of an appeal on the issue of the requirement for the Insurer to sign the Settlement Disclosure Notice, to be heard in the autumn.

5. Disputes Between Insurers
A query was made about what inquiries, if any, are conducted by FSCO where there is a dispute between Insurers. In response, Practice Note 10 was referenced, and confirmation provided that the test applied is which Insurer received the claim first. The issue has been raised and although relatively infrequent, the issue is extremely problematic when it occurs. It remains to be determined whether the “DBI” regulation will be reviewed as part of the 5 Year Review, or as a stand-alone policy item.

6. Five Year Review
Announcement will appear shortly on the website concerning the process and format for consultation and the scope of the review. The subcommittee of this forum will be making submissions on the Review. Items under discussion presently include: standardized form for consents, CAT definition, s. 42 examinations for ongoing benefits, the interface with WSIB/collateral benefits, amending s. 20 to correct unintended disentitlement for minors achieving age 16

7. DRS Status Report – Statistics and Staffing Updates
John Lobo and Janine Macey provided statistical updates for Mediation, Arbitration, and Appeals with reference to the reports distributed to members.

Highlights:

Mediation: More applications in April were received, but more files also closed, which reduced the pending rate, which is still high. Representation by Law Firms has jumped to 82% in April. Average processing time jumped in April, in part due to an increase in applications received since February, 2008. In-person mediations continue to average 4%. Full settlements rose to 51%, Partial were at 13%, and Failed were at 36%

Staffing: Team Leader Janette Watt has accepted a permanent position as team lead with Rates and Classification – her last day is June 30. Competition for two backfill contract team leaders is being finalized, with interviews about to commence for two permanent and two contract mediators.

Arbitration: Applications filed were up this past quarter; however, the number of pending files is at the lowest it has been all year (and the lowest it has been in the past four years), in large part because the unit has been able to close more cases than it received over the past two years. It appears that the number of cases settling is increasing, but later in the process (i.e. closer to the scheduled hearing than the pre-hearing stage). Adjournment requests continue to rise and the number of hearings is declining. On average, 72% of decisions were issued over the past year within 85 days of the conclusion of the hearing.

Staffing: Staffing is now relatively stable as a result of filling three vacancies in a recent competition. One vacancy exists as Lawrence Blackman is on secondment to the Appeals Unit.

Appeals: The number of appeals filed in this past quarter is the highest it has been all year, and for the second consecutive quarter, 100% of Insured have had legal representation on appeal. The number of appeals pending is relatively stable; and the Unit has improved its record in releasing decisions within 85 days (up to 67% from 13% and 25% in the previous two quarters).

Staffing: Current Appeals Officers are David Evans and Lawrence Blackman (backfilling for Nancy Makepeace).

Judicial Review: DaRosa and Allstate – hearing conducted May 12. The Court reserved. No further developments on the other four files: G., Ms and Pilot Insurance; Kanareitsev and TTC; Michalski and Wawanesa; Ramalingam and State Farm; Watson and TTC.

8. Introduction of New Chair:
As part of her remarks as Outgoing Chair, Catherine Zingg noted the contribution of all participants over the past year, the sustained increase in participation of the membership, and thanked FSCO Staff (in particular Christina Pearce) for the support and assistance provided. Catherine welcomed Albert Conforzi as this year’s Chair. In return, Albert thanked the group for their support and Catherine for her contribution as Chair.

9. Dates for Next Year:
September 26, 2008
November 28, 2008
January 30, 2009
March 27, 2009
May 29, 2009

10. Other Business:
Future agenda item for discussion: clients not attending in person but making themselves available by phone.

Discussion on the impact of May 1, 2008 changes to paralegal regulation, which disentitled many non-legal staff of law firms of participating in mediations.

Next Meeting: September 26, 2009