1.  Approval of Minutes – Meeting of September 26, 2008

Approved without change.

2.  Business Arising from Minutes

3. DRS Excellence Update

This will be a standing agenda item for consultation/updates until October, 2009, which is the targeted completion date.  Focus at this time is primarily internal, linked to conversion of the electronic case management system “MARS” to a .net platform and implementation of recommended changes to improve internal efficiencies.  Should there be any potential impacts on client operations/services, consultation can and will occur with Counsel and Companies Forum membership.

4. Outreach Committee Update

Implementation planning for a two-day outreach initiative continues following the detailed feedback from members at the last meeting.  Target timing is April, 2009.

5. Discussion – recent decisions affecting DRS

None raised.

6.  DRS Status Report – Statistics and Staffing Updates

John Lobo, Janine Macey and Asfaw Seife provided statistical updates for Mediation, Arbitration, and Appeals with reference to the reports distributed to members.

Highlights:

Mediation: Applications received increased by 192 files in October, but files closed only increased by 79 files, leaving the total pending open files up by 176 to 6723.  By comparison, for the period November/07 to October/08, files received was up 1848, but files closed was only 784, leaving the total pending open files for the one-year period at 2117.  Full settlement rates for the past year were up 8%, compared with partial settlement down 3% and failed mediations were down by 5%. 

Staffing:  Additional temporary staffing of 5 mediators and three case workers have been retained to address the current backlog of mediation files.  As a result, files are being assigned more quickly to mediators.  However, this will result in additional pressure on insurers and legal representatives to respond to the demand to schedule and be prepared for an increased volume of mediations.

Arbitration: Trends are being closely monitored to see if the backlog in mediation will be felt over the longer term in Arbitration.  For example, in October, there was a sharp increase in applications filed (250).  However, the unit continues to close as many files as it receives, keeping the pending rate consistent. Age of decisions remains a priority, although the majority of decisions released are within the 85-day benchmark (75% for the past year).

Staffing: recruitment continues to fill two temporary Arbitrator vacancies.  Efforts to recruit and retain qualified candidates for the support unit continue to experience some difficulty.

Appeals:  No significant change in statistics of the past quarter, except for a drop in the number of appeals filed.  The age of pending decisions continues to be a concern.

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

Judicial Review:

Two applications for Judicial Review were noted – S. and Allstate and Jetty and ING.

7.  Other Business

A question was raised about the status/ progress on the Five Year Review.  The request will be forwarded to FSCO’s Policy Branch for information, to be provided at the next meeting.

There was substantial discussion about a perceived trend in which mediations are failed where there is no issue in dispute (e.g. there has been no denial because a s. 42 assessment has not been completed).  Mediation clarified that a mediation case worker will not screen for jurisdiction, but only for basic completeness of the application.  If a preliminary issue is raised, the mediator will so note it in the Report of Mediator. 

Action Item:  Eric Grossman & Philippa Samworth undertook to review and recommend changes to practice note for the consideration/discussion of the membership at the next meeting.

Arbitration was asked what policy governs whether a decision is released in letter or decision format.  For clarification purposes, the format of decision is within the discretion of the Arbitrator, but generally the decision format would be used if there is a principle or question of law that has broader application or relates to an issue in which the law is evolving, whereas a letter format would be used if the decision is highly fact- or case-specific.

Next Meeting – January 30, 2009

Agenda Items: - Practice Note #11

                        -  Five Year Review Update from Policy Branch

Future Meeting Dates:

March 27, 2009

May 29, 2009