BAR DISPUTE RESOLUTION GROUP FORUM

Minutes of Meeting held on September 21, 2012

 

Members Present:                                Guests:                       

                

 

Joseph Rizzotto (Chair)                           David Evans
Albert Conforzi                                       Francisco Liu
Shirline Apiou                                        Victor Cherniavsky
Michelle Friedman
Lina Grasso
Antonietta Alfano
Alex Voudouris
Marni Miller
Jeff Shinehoft
Catherine Zingg
Scott Croteau
Stanley Pasternak
 

FSCO Attendees                                   Absent:    

             
John Lobo                                                Asfaw Seife  
Janine Macey
Isobel Fealdman
Shayna Wiesenfeld
Margaret Orlander
Christina Pearce
 
  1. – Meeting on May 25, 2012.

    Approved as amended.
  2. Arbitration and Appeal Decision Database (AADD) Demonstration:

    David Evans (Appeal Officer), Francisco Liu (Project Manager, CSD) and Victor Cherniavsky (Systems Development Consultant) did a presentation on the launch of a new online Arbitration & Appeal Decision Database (AADD) which will be available on the FSCO’s public website. The new database features a refreshed user interface and advanced search functionality that returns better results.  Other enhancements include sample searches, FAQs, settings for preferred viewing and help resources. 
     
  3. Backlog Initiatives:

    John L. provided an update on: 

    Mandatory Settlement Blitz Days: For the period November 4, 2011 to August 31, 2012, FSCO has mediated 1,732 files on the blitz days resulting in 977 full settlements and 35 partial settlements, where some but not all of the issues were settled. Discussion followed on whether the initiative should be extended considering the commencement of assignment of mediation files to ADR Chambers as of September 19, 2012, which will be on-going at the rate of up to 2,000 mediation files per month, over and above the files that will continue to be handled by FSCO’s mediators and other factors including availability of the parties etc.    

    Consent Failures: 78 completed Consent to Fail Forms have been received from the period Sept 19, 2011 to August 31, 2012. Reminder that the forms and instructions are posted and available on the website. 
     
  4. Mediation “deemed failed”:

    Further to a decision released by the Director’s Delegate in July 2012 and as judgment has been reserved with a decision expected in a couple of months on the Court of Appeal decision, on the same 60 day issue, as outlined in stakeholder communication and postings on the FSCO website, it is FSCO’s opinion that it would be premature to change the dispute resolution processes without the benefit of the Court of Appeal decision.  As such, it is status quo for now with no failed reports of mediator being issued, unless a completed consent to fail form is received by FSCO.

    Under staffing:
    Competition to be posted shortly for both permanent an fixed term (backfill) mediators.  
  5. Private Vendor Project Update:

    Isobel F. Director, Strategic & Operational Planning, gave an update on the use of private DR Service Providers.  The RFP procurement process for a private dispute resolution service provider has concluded. The contract was signed with ADR Chambers in August 2012.  FSCO began assigning files to ADR Chambers as of September 19, 2012 and the expectation is to assigned a maximum of approximately 2,000 mediation files per month to ADR Chambers, over and above files that will continue to be handled by FSCO’s mediators.  FSCO will begin assigning up to 500 arbitration files per month to ADR changes in mid-October
  6. DRS Status Report – Statistics and Staffing Updates

    John Lobo and Janine Macey provided statistical updates for Mediation, Arbitration and Appeals with reference to the reports distributed to members. 

    Judicial Review:

    Updates since May 2012 were provided in a memo from Asfaw Seife to Forum members and reviewed.
  7. Other Business:

    Margaret Orlander, Senior Policy Consultant with AID gave an update on the Auto Policy Issues:
    • 1) The Auto Insurance Anti-Fraud Task Force submitted its Interim Report [New Window] to the government, recommending several preliminary measures
    • 2) After an open competitive RFP process, FSCO awarded the consulting contract to develop the Minor Injury Protocol to Dr. Pierre Côté, Associate Professor, Faculty of Health Sciences, University of Ontario Institute of Technology.
Scientists and other experts will contribute to the development of an evidence-based Minor Injury Treatment Protocol (MITP) that will form the basis of a new Minor Injury Guideline.  The protocol will be used by insurers and health care providers when treating minor injuries resulting from automobile accidents and ensure that there is an extensive continuum of care based on current and scientific and medical evidence.

 

Next Meeting – November 30, 2012