1.  Approval of Minutes – Meeting of March 27, 2009
Approved without change.

2.  Business Arising from Minutes

3.  Five Year Review Presentation
Margaret Orlander, Senior Policy Analyst with AID, gave a presentation on the 5 Year Review to Counsel Forum Members. The report was delivered to the Minister on March 31/09 and posted on the FSCO website. She spoke about “Review”; “Key Recommendations” and “What’s next?”. The government is committed to ensuring that the auto insurance remains affordable and offers the protection drivers require through an efficient well regulated auto insurance system. She informed members that the Minister is currently reviewing the report and is getting feedback from stakeholders.The Minister indicated that he will provide some feedback around next steps sometime in June 2009. A general conversation followed.

4. DRS Excellence Update
The committee is working into making changes on scheduling and registering applications in the arbitration unit; into moving case management into a new platform; and into looking using SMART forms by the mediators.  The committee will be looking into expanding DRCD to clients currently only available to mediators and insurance companies but there are privacy and confidentiality issues to consider. There has been some discussion in ways to eliminate faxback sheets. The project is ongoing and Asfaw will keep members informed.

5. Outreach Committee Update
Asfaw S. updated members that as part of its Outreach Initiative, FSCO conducted face-to-face mediators and pre-hearings in London on April 21 & 22, 2009. The uptake was not as high as expected, mainly due to the relatively short-notice provided. Asfaw S. said the pilot project is currently being reviewed.

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

Highlights:

Mediation:
Monthly basis: In April we received 1544 files, closed 1229 files resulting in pending of 8038 open files in the system.

Our average processing time:
In April, receipt to Perfected for complete applications stood at 31 days, incomplete applications at 35 days. Perfected to assign at 65 days. Face-to-Face went up to 6%.

Mediation Results:
In April, Full Settlements went up to 56%, Partial Settlements stood at 12% and Failed Settlements went down to 32%.

Staffing: We hope to post for 2 permanent team leader positions and 3 mediator positions shortly. Due to internal offsetting we have brought on 3 short term contract mediators while we proceed to post and finalize the competition.  In the support area we have brought on 2 students with 1 more joining us shortly.

Arbitration:
262 applications were received in the month of April as contrasted with 259 applications in January. There were 2435 applications pending at the end of April compared to 2325 applications pending at the end of January. From February to April 2009, 799 applications were received compared to 813 applications from November 2008 to January 2009.

Also during the period of February 2009 and April 2009, the decision time increased from 53 days to 57 days and the number of decisions released within 85 days fell from 71% to 64%, over the previous period.

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:

Murugappa and Aviva Canada Inc., (FSCO P06-00036, May 1, 2009)

            * Hearing date set for June 18, 2009

7.  Statement of Priorities:
Nothing new to report except that May 28, 2009 was the deadline to submit comments for the Statement of Priorities. The Final Statement will be delivered to the Minister of Finance by June 30, 2009 and then posted on FSCO’s website.

8.  Practice Note #11:
Asfaw S. informed members that the proposal to amend Practice Note #11 is awaiting internal consultations at DRS and that the process will take some time to review. Asfaw S. will follow-up on the wording of the Practice Note #11 and will advise.

9.  Delays in Assigning Mediation Applications to a Mediator:
A discussion occurred on the delays in assigning mediation applications due to the current backlog. What was being done given increasing application intake, the current hiring freeze and staffing constraints. A suggestion was presented for consideration of counsel volunteering their time and expertise to mediate SABS cases, here at FSCO. Philippa Samworth to provide further details on a pre-trial back log project she worked on.

10.  Other Business:

Next Meeting – September 25, 2009