Meeting - Monday, December 6, 1999, 9:00 a.m. to 11:00 a.m. FSCO - 15th Floor Boardroom

AGENDA

1. Staffing and Workload Issues
2. Statistics
3. Status of Practice Code Revisions
4. Status of Outreach Education Program
5. FSCO private meetings with Insurers
6. Other business

DISPUTE RESOLUTION GROUP COMPANY'S FORUM MINUTES OF MEETING

December 6, 1999

Attendees:
Brad Barber, Allstate
Mary Wright, Royal & Sun Alliance Insurance
Martine Sliva, ING Halifax Insurance
Phil Thorpe, The Co-operators
Shonna Neil, Mediation Unit, FSCO
Mary Sullivan, FSCO, DRG
Ron Bouwmeister, CGU Group
Sharon DeSerres, CGU Group
Jan Mackintosh, Registrar, DRG, FSCO
Barbara Dudzinski, FSCO
Debbie Diamanti, Zurich
Cassandra Phillips, Axa
Deirdre Martin, ICC
Donna Lange, FSCO, DRG

1. Staffing and Work Load
   
   Frederika Rotter and Shemin Manji have both accepted one year secondments in the FSCO Legal Services Unit working in the pension area. Both of these secondments commence January 2000. Eban Bayefsky will be commencing a one year leave of absence to act as an arbitrator at the Workplace Safety and Insurance Appeals Tribunal (WSIAT), formerly the Worker's Compensation Board, as a result of an order in council effective November 19, 1999. Nancy Makepeace will also be commencing a similar one year leave of absence as a result of an order in council effective January 2000.
   
   The Mediation Unit at the FSCO has experienced an increase in mediations due to a backlog and, as a result, has instituted a new procedure with regards to the sending out of applications for mediation. Effective approximately three weeks ago, when an application is perfected, an introductory letter and a copy of the application for mediation is being sent to the ADR coordinators by the case worker with a fax-back sheet.
   
   Once the application is registered and a mediator has been assigned, a "welcome" letter will be sent by the mediator with the DAC sheet. If the FSCO has received the fax-back sheet prior to the mediator being assigned, the welcome letter will be sent directly to the person who has been assigned to the mediation, otherwise the welcome letter will be sent to the ADR coordinator. It is anticipated that this process will continue for a period of at least six months. The FSCO has promised that members will be notified when this process is discontinued.
   
   
2. Statistics
   
   Mediation has had a slight increase in pending files. Approximately 45 percent of the pending files are those in process with a mediator. The remaining 55 percent are in the process of intake and being perfected. The FSCO's commitment to keep the time between the perfecting of a file and its assignment to a mediator remains at less than three weeks. Several mediators have been recruited on a short term contract basis to ensure timelines continue to be met. This is also as a result of several mediators leaving to take either permanent positions, or to take longer term secondment opportunities.
   
   There are no significant trends or differences of note regarding settlement outcomes across the three SABS or face-to-face meetings versus telephone conferences.
   
   In arbitration the graph shows that the pending caseload continues to decrease as the backlog continues to be moved out of the system. The average age of the decisions issued has increased a bit in the last month from 67 to 76 days. This is in part due to the release of an old decision delayed by a maternity leave.
   
   Consequently, the average age of those which are pending has dropped from 69 days reported in the last statistics to the current average of 57 days. Pre-hearings are available at eight to 10 weeks. Hearings are available in four to six months.
   
   As a result of Y2K precautions, no face-to-face mediations or pre-hearings have been booked for the first two weeks of January. Telephone mediations and pre-hearings will continue to take place during that time.
   
   
3. Status of Practice Code Revisions
   
   The majority of the revisions to the Practice Code are still on hold as the FSCO is awaiting the outcome of the two year review, the Red Tape Reduction Bill amendments and the expected amendments to the SPPA and other issues which may affect the contents and the changes to the Practice Code.
   
   Phil Thorpe will be providing feedback to Janice Mackintosh and Bruce Green with regards to the four draft practice notes which were handed out at a previous meeting, and which a sub-committee reviewed.
   
   As a result of the information obtained from the Solicitor's Forum group and feedback obtained during the recent Insurer meetings, it is obvious that productions will be the largest issue with regards to the practice code revisions. Janice will be reviewing all of the feedback and concerns from the involved parties, and presenting a proposal with regards to the issue of productions. Janice reminded us that in looking at the issue of production it is important to remember that the FSCO has a legislated mandate to provide an alternate to the Courts, and not a duplicate. Whatever the solution is with regards to productions, it will have to strike a balance between all of the parties, and not move closer to the process which is currently in place in the Courts.
   
   
4. Status of Outreach Education Program
   
   The topics for the program will remain the same as those outlined in the document previously received by the company's forum members. A final outline will be finalized by the end of the year.
   
   April 7, 2000 is now a confirmed date for the Toronto session, and there will be a session in Ottawa on April 28, 2000. Two other potential locations for sessions will be London and Thunder Bay. Those dates are yet to be confirmed, however, there will be a maximum of four sessions in total.
   
   
5. FSCO Private Meetings with Insurers
   
   Barbara and Janice shared that these meetings are going very well, and that overall they have found it to be a good process. The plan was to talk to approximately 35 companies, but because of corporate affiliations, there will end up being approximately 29 meetings. The meetings are planned to be finished in early December, and a report will be prepared and shared with Dina Palozzi by year end.
   
   One issue which is clearly unanimous from these meetings is that maintaining the time lines are critical to the continued success of FSCO.
   
   
6. The Woods Decision
   
   Janice shared with the group the outcome of the Woods decision which was a judicial review with regards to the issue of whether or not the FSCO should be accepting mediation applications with regards to disputes over the enforceability of lump sum settlements. The FSCO has previously taken the position that they had no jurisdiction to mediate issues with regards to lump sum settlements. In the Woods case the mediation unit refused to accept the application for mediation with regards to the issue of the settlement. Judge Belch and Company decided that the mediation unit must accept these applications.
   
   Janice is in the process of creating a practice note to deal with these issues.
   
   Since this decision was released, five mediations have been allowed to proceed with regards to settlements. Until the practice note is released, these cases will be dealt with on a case-by-case basis.
   
   Many issues were discussed with regards to these types of claims, but one issue which was clear was that if the client had made an application to FSCO in the past, and it was refused (on the basis of no jurisdiction), when they come back, the same file will be reopened. How long this process will last is unclear at this time. However, FSCO has placed a notice on its FSCO website informing users of the decision in the Woods case.
   
   If it is a new application for mediation, then it will be treated as a new claim.
   
   
7. Next Meetings
   
   Wednesday, March 1, 2000 9:30 a.m.
   Thursday, June 1, 2000 9:30 a.m.