What is an application for variation/revocation?
Either the claimant or the insurance company may apply to the Director of Arbitrations for variation/revocation of an arbitration or appeal order.
You can apply for variation/revocation if:
- there has been a material change in the circumstances of the insured person
- evidence not available at the arbitration or appeal has become available, or
- there is an error in the arbitration or appeal order (for example, the order does not correspond to the reasons for the decision)
The Director of Arbitrations may decide the application for variation/revocation or ask the same adjudicator who made the original order or another adjudicator to decide it.
Variation/revocation is explained in more detail in the Dispute Resolution Practice Code
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How do I apply?
To apply for variation/revocation, a claimant must send the Financial Services Commission of Ontario (FSCO) and the insurance company a completed Application for Variation/Revocation - Form L, along with a cheque or money order payable to the Minister of Finance for $250, and a Statement of Service - Form F. There is no filing fee for the insured person when the insurance company applies for variation/revocation and the claimant responds.
An insurance company can apply for variation/revocation in the same way, except that insurance companies are billed through FSCO's regular assessment process. Insurance companies pay $500 for each variation/revocation and an additional $250 for starting a variation/revocation. Please visit the Fees and Assessments page for more detail.
Once we acknowledge the application for variation/revocation, the other party must serve and file a completed Response to an Application for Variation/Revocation - Form M within 20 days.
Although there is no time limit, the application should be made as soon as possible.
What are my options after variation/revocation?
If the variation/revocation results in a new arbitration order, either the claimant or the insurance company can appeal on a question of law within 30 days of the decision.
If the variation/revocation results in a new appeal order, judicial review by a court is the only way to dispute the decision.
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