As of April 1, 2016, the Licence Appeal Tribunal of the Safety, Licensing Appeals and Standards Tribunal Ontario (SLASTO) will assume all new applications for dispute resolution services.
Beginning April 1, 2016, FSCO no longer accepts applications for mediation, neutral evaluation and arbitration. This includes applications for arbitration where the Report of Mediator is issued before or after April 1, 2016.
FSCO will continue to be responsible for all files remaining open as of March 31, 2016, and the Dispute Resolution Practice Code will only apply to those files.
- Fees - (An application filing fee is charged to the party that initiates an arbitration, an appeal or a variation/revocation proceeding.)
1.1 The application filing fee for an arbitration is $100. Only insured persons can file an Application for Arbitration.
1.2 The application filing fee for an appeal of an arbitration order is $250. Either an insured person or an insurer can file a Notice of Appeal of an arbitration order.
1.3 The application filing fee for a variation/revocation of an arbitration or appeal order is $250. Either an insured person or an insurer can file an Application for Variation/Revocation.
1.4 The fee for photocopies of a document from FSCO is $0.50 per page with a $5 minimum.
1.5 The fee for handling a cheque returned to FSCO as having insufficient funds is
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- Insurer Assessment - (An assessment is charged to an insurer that is a named party to an arbitration, an appeal or a variation/revocation proceeding.)
2.1 The insurer assessment charged to an insurer that is named as a party to an arbitration proceeding after March 31, 1997 where an arbitrator is appointed without a neutral evaluation being commenced at FSCO is $3,000. The insurer assessment is triggered by FSCO on the due date for filing the Response by Insurer to an Application for Arbitration (FORM E). The insurer assessment will not be charged where FSCO has received written confirmation that all issues in dispute in the arbitration proceeding have been resolved, provided that the written confirmation is received by FSCO prior to the due date for filing the Response by Insurer to an Application for Arbitration.
2.2 The insurer assessment charged to an insurer that is named as a party to an arbitration after March 31, 1997 where a neutral evaluation is commenced at FSCO is $1,000. The insurer assessment is triggered by FSCO upon receipt of a completed Agreement to Neutral Evaluation at the Commission (FORM D).
2.3 The insurer assessment charged to an insurer where an arbitrator has been appointed to conduct a hearing after the termination or completion of a neutral evaluation conducted at FSCO and the insurer has been assessed the $1,000 referred to in 2.2 is $2,000. This insurer assessment is triggered when the Neutral Evaluation is terminated or withdrawn or when the Report of the Neutral Evaluator is issued and settlement of the issues in dispute is not confirmed in writing within two days of the issuance of the Report.
2.4 The insurer assessment charged to an insurer that is named as a party to an appeal is $500.
2.5 The insurer assessment charged to an insurer that is named as a party to a variation/revocation proceeding is $500.
2.6 Where there are two insurers named in a proceeding, both insurers must pay assessments. Insurer assessments are not refundable except as outlined under subparagraph 2.8.
2.7 Where a proceeding is consolidated with another proceeding, the insurer will be assessed only once.
2.8 Arbitration assessments may not be assessed to an insurer before the due date for filing the Response by Insurer to an Application for Arbitration (FORM E) as set out in 2.1 or when an arbitrator has determined by order that there is no jurisdiction to decide the case (for example, expired time limits).
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- Payment of Fees - By the Insured Person
3.1 An insured person must pay the fees outlined above in 1.1, 1.2, and 1.3, at the time of filing their application(s).
3.2 All fees must be paid by cash (in person only), cheque, or money order. Do not send cash through the mail.
3.3 All cheques and money orders must be made payable to the order of the MINISTER OF FINANCE.
3.4 Filing fees may not be waived under the Insurance Act, the Financial Services Commission of Ontario Act, 1997, or Ontario Regulations.
3.5 Payment of filing fees may not be deferred under the Insurance Act, the Financial Services Commission of Ontario Act, 1997, or Ontario Regulations.
3.6 Filing fees will not be refunded by FSCO but may be recovered as part of an applicant's expenses under the Insurance Act, the Financial Services Commission of Ontario Act, 1997, or Ontario Regulations.
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- Payment of Fees and Insurer Assessment - By the Insurer
4.1 FSCO will invoice insurers on a quarterly basis for the fees outlined above in 1.2 and 1.3 and the insurer assessments outlined above in 2.1, 2.2, 2.3, 2.4 and 2.5. The invoice will provide each insurer with an accounting of the fees and assessments charged to their company for that quarter.
4.2 The Dispute Resolution charges (as outlined in 4.1) will be combined with the regular assessment for FSCO costs for those insurers who pay the regular assessment on a quarterly basis.
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