BAR DISPUTE RESOLUTION GROUP FORUM

Minutes of Meeting held on May 25, 2012

Members Present:                            Absent:                                       

 

Joseph Rizzotto (Acting Chair)                Audrey Ramsay (Chair)     

Darrell March
David Raposo
Antonietta Alfano
Paul Belanger
Jocelyn Tatebe
Joan Takahashi
Nestor Kostyniuk (via conference)
 

FSCO Attendees                                          

Asfaw Seife
John Lobo                                                       
Philippe Rabot
Shayna Wiesenfeld
Heather Driver
Isobel Fealdman                                    
Christina Pearce
 
 
  1. Meeting on March 30, 2012.

    Approved as amended.
  2. Backlog Initiatives Update:

 

John L. provided an update on the on-going mandatory settlement blitz days and the consent to fail process.
 
Mandatory Settlement Blitz Days: Initiative has been successful in closing a significant number of files with a high rate of settlement. Ongoing bookings into July.
 
Consent Failures: Letters continue to be sent out with an attached form to claimants and insurers, starting with the oldest files, to consider the option of failing mediation upon mutual consent.
 
To date, there has been limited response.
 
John L. advised members that an eBlast will be going out shortly confirming that the Consent to Fail Form and Instructions will be posted and available on the website. As such current practice of sending out letters and forms will be discontinued.
 
Outsource Procurement Request:
Isobel F. Director, Strategic & Operational Planning, gave an update on the use of private DR service providers.  The RFP procurement process is nearing completion. The next step is security clearance for all mediators and arbitrators being proposed to work on FSCO’s files. The anticipation date that the service providers will begin receiving FSCO files at the beginning of July 2012.

 

  1. Parveen and Aviva Decision:
    Mr. Asfaw Seife, Director, DRS advised members that two appeals- Parveen and Fredric were filed on March 30, 2012, involving the same preliminary issue of whether the insurer has met its obligation to provide Settlement Disclosure Notice, as required under the regulation. He was not able to provide an estimated date as to when this decision will be issued. 
  2. Release of the Catastrophic Report of the Superintendent:
    On June 12, 2012 Ministry of Finance released the Supt's report on the definition of catastrophic impairment. Ministry of Finance invited public input on the report until August 10, 2012.
  3. Role of our Group in the Initiatives Outlined in Budget:
    Ministry of Finance is leading the DR review and is still in the process of finalizing an approach for conducting the review. If the DRS Counsel Forum is interested in providing specific input, this can be communicated to Ministry of Finance. Top HTML Content
  4. DRS Status Report – Statistics and Staffing Updates
    John Lobo, Philippe Rabot and Asfaw Seife provided statistical updates for Mediation, Arbitration and Appeals with reference to the reports distributed to members.

    Judicial Review:
    Updates since March 2012 were provided in a memo from Asfaw Seife to Forum members and reviewed.
  5. Other Business:
    Election of New Chair.

 

Next Meeting – September 21, 2012