1.  Approval of Minutes – Meeting of January 30, 2009
Approved without change.

2.  Business Arising from Minutes

3. DRS Excellence Update
This is a standing agenda item for consultation/updates until October, 2009, which is the targeted completion date. Nothing new to report except that work is ongoing and that the Committee is working very hard.

4. Outreach Committee Update
Asfaw S. confirmed that as part of its Outreach Initiative, FSCO is offering two Mediators and two Arbitrators in London on April 21 & 22/09 event for mediations, pre-hearings, and settlement discussions that the parties want to conduct face-to-face in London. Asfaw S. will keep members posted on the outcome of the event.

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

Highlights:

Mediation:
Monthly basis: In January we received 1380 files, closed 1326 files resulting in pending of 7090 open files in the system. Increase in average processing time including the assigned to report categorywas reviewed as well as possible reasons for this was discussed. Face-2-Face mediations remain steady at 5%.

Staffing: We have filled our vacant permanent mediator position. Due to the current hiring freeze and resource constraints, a number of short term mediators and support staff who were brought on until the end of our fiscal year end March 31, will be let go.

A discussion took place on the backlog, the measures taken to date and constraints/ difficulties being experienced.

Mediation Blitz Pilot Project:
Number of internal initiatives are on going to deal with the backlog including a recently held blitz pilot project. While it was not as successful as anticipated, lessons were learnt which can be applied should future blitz days be offered. A number of suggestions were discussed and Counsel Members were invited to callJohn Lobo, Manager Mediation directly to discuss any particular options that might work on a one-on-one case.

Arbitration:
259 applications were received in the month of January as contrasted with 250 applications in October. There were 2325 applications pending at the end of Januarycompared to 2145 applications pending at the end of October. From November 2008 to January 2009, 813 applications were received compared to 691 received applications from August 2008 to October 2008. As a result of the increased applications, the decision release time has also increased. From August 2008 to October 2008, 73% of decisions were released within 85 days. However, from November 2008 to January 2009, only 71% of decisions were released within 85 days.

Staffing: Hanan Dagher was introduced at the meeting as the new Manager for the Arbitration Support Staff.  

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

Staffing: Current Appeals Officers are David Evans and Lawrence Blackman. Lawrence Blackman continues to backfill as Appeal Officer pending completion of recruitment of the position.

Judicial Review:
Owusu and Sarpond and TD Home and Auto Insurance Company, (FSCO P08-00003 and P08-0004, February 2, 2009)

            * Notice of JR application received February 2009.

Valauskas and Wawanesa Mutual Insurance Company and Motor Vehicle Accident Claims Fund (FSCO P07-00021 and P07-00023, February 3, 2009)
            * Notice of JR application received March 2009.

6.  Arbitration Issues:
Discussion on Arbitration issues such as: Will Says, Boiler Plate Responses, Authority to Bind, Non-Attendance to be deferred at the next Counsel Forum Meeting.

7.  Statement of Priorities:
Asfaw Seife informed Counsel Forum Members that the final draft of the 2009 Statement of Priorities was sent to the Board for approval on March 11/09. Once approved the Draft Statement will be posted on the FSCO website and published in The Ontario Gazette for a 60 day comment period.  Once the stakeholder comment period has ended, the Statement will be amended as necessary.  The Final Statement will be delivered to the Minister of Finance by June 30/09.  The Final Statement will be posted on FSCO’s website and published in The Ontario Gazette.

8.  Concerns on Wait Times
Kevin Doan raised the issue of wait times for mediations. This issue was discussed as part of the backlog update

9.  Other Business:

Practice Note #11:
Counsel Forum presented a proposal to amend Practice Note #11. Further discussion occurred and it was decided that an email with the proposed recommendation be submitted to members who would review and submit final comments directly to Asfaw, who undertook to discuss with DRS and advise.

Restrictions on Paralegals to deal with catastrophic claims:
Kevin Doan raised this issue and was referred to LSUC Website for the relevant Amandment to By- Law 7.1 which reflects the change allowing lawyers handling claims that involve catastrophic impairment at the FSCO to delegate the mediation of subsidiary issues to licensed paralegals employed by their firm.

Speaking Engagement:
Asfaw S. informed members that appeal officer, Lawrence Blackman, will be speaking at the Insigh Information (St. Andrew’s Club and Conference Centre), September 30/09 on Litigating Motor Vehicle Accident Claims – Gearing Up for Regime Change which consists best practices at arbitration and on appeal, and considerations on whether to launch an appeal.

Next Meeting – September 25, 2009

Agenda Items: - Practice Note #11
                        -  Statement of Priorities