Meeting - Thursday, June 1, 2000, 9:30 a.m. to 11:30 a.m. FSCO - 14th Floor, rooms 1&2

AGENDA

1. Review and Approval of Minutes from Previous Meeting - March 1, 2000
2. Staffing and Workload Issues
3. Statistics
4. Status of Practice Code Revisions
5. Status of Outreach Education Program
6. Minister's announcement of merger between FSCO & OSC in Budget
7. Snowmobiles - Phil Thorpe
8. Lost Wages - Phil Thorpe
9. Section 398(1) of the Insurance Act - Mike De La Haye
10. Issue of the Companies Forum Mandate
11. Copy of Decision: Bozena Pelzner and Peter Pelzner and Coseco Insurance Co./HB Group/Direct Protect
12. Other Business
13. Next Meeting: - September 6, 2000

DISPUTE RESOLUTION GROUP COMPANY'S FORUM MINUTES OF MEETING

March 1, 2000

Attendees:
Brad Barber, Allstate
Mary Wright, Royal & Sun Alliance Insurance
Martine Sliva, ING Halifax Insurance
Phil Thorpe, The Co-operators
Sharon DeSerres, CGU Group
Jan Mackintosh, Registrar, DRG, FSCO
Cassandra Phillips, Axa
Lawrence Blackman, FSCO, DRG
Ross Baker, Kingsway General
Mike De La Haye, Wawanesa Mutual
Terry Bradey, CICMA
Ann Shewchuk, Economical

1. Staffing and Work Load
   
   There has been a significant increase in the mediation backlog over the past few months so new staff have been hired to deal with both the pending mediation backlog and the new cases.
   At present it is taking three weeks from perfection to registration of a case.
   
   During the meeting, situations were shared with regards to issues concerning mediation applications that were incomplete, or situations where the "caseworker" letter had not been received prior to the "I am the mediator" letter being sent. In the future, if there is feedback or questions with regards to the mediation process intake and distribution process, please contact Shonna Neil.
   
   The FSCO is currently exploring an Internet secure system which would allow insurers to access the database and confirm receipt of the mediations by the FSCO. Eventually it is also anticipated that this would include Arbitration decisions. There is no completion date for this project, however, it is currently being worked on at the FSCO.
   
   
2. Statistics
   
   As previously mentioned, the mediation backlog is on the rise but at a reducing pace. The number of mediations received are 15 percent greater that what was expected by the actuaries. That, plus some mediators pursuing assignments away from the DRG are the main reasons for the current backlog.
   
   The Arbitration pending cases continue to drop, however the number of arbitration cases received continue to run approximately 25% more than the actuarial projections, that is about 100 new cases per month.
   
   Lawrence Blackman has taken over as senior arbitrator from Frederika Rotter due to her secondment and a new arbitrator has been hired on contract and her name is Tanja Wacyk.
   
   The average number of days for arbitration decisions issued is up slightly over the last period. Some of this increase is due to resourcing problems in the typing pool which have now been addressed and rectified. The FSCO anticipates that the arbitration workload will plateau in the very near future. Appeals continue at the usual rate.
   
   
3. Status of Practice Code Revisions
   
   The group was provided with three draft copies of practice notes, one dealing with the jurisdictional issues arising in mediation and the other two dealing with designated assessment centres. The group was asked to provide feedback on these three practice notes by e-mail to Phil Thorpe by March 15, 2000.
   
   The introduction chapter of the practice code was also distributed and the group was asked to provide feedback to Phil Thorpe on e-mail by March 30, 2000. Janice will be providing future chapters to Phil Thorpe by e-mail for distribution to the rest of the members. Janice indicated that these chapters would be sent within a week of the meeting and that the members are requested to provide feedback if possible by e-mail to Phil Thorpe by March 30, 2000.
   
   Janice indicated that the majority of the changes to the practice code are housekeeping in nature, however, there are some rule changes being made with respect to the representation section, mental incompetency, and earlier production of documents. Members are encouraged to review these particular sections and provide any required feedback.
   
   
4. Status of Outreach Education Program
   
   Lawrence Blackman spoke about the Outreach Program and provided everyone with a copy of the flyer. It is clear from reviewing the agenda that the items will be very topical and members are encouraged to encourage their staff and co-workers to attend the sessions. The seminar will be held in four cities on four separate dates as outlined in the flyer. Also, the registration requires a choice between an advanced and basic breakout session which will occur mid-morning.
   
   
5. FSCO Private Meetings with Insurers
   
   Janice indicated that a letter has been sent out to each company thanking them for their contributions. The FSCO has struck a committee to look at the future direction of the Financial Services Commission with respect to dispute resolution.
   
   
6. Review and Update of the Company's Forum Mandate
   
   The Company's Forum Mandate was distributed to the members and if members have any comments they are encouraged to forward those by email to Phil Thorpe. The group quickly reviewed the mandate during the meeting and it appears to be in order.
   
   With respect to the minutes of this and subsequent meetings, whoever completes the minutes will forward them to Janice Mackintosh, and once she approves and sends them back they will be forwarded electronically to all members of the group. Minutes will continue to be approved by the Forum at its next meeting, before they are posted on the FSCO website.
   
   
7. Trial Dates
   
   Letters regarding scheduling conflicts with trail dates were forwarded to all members. Janice reviewed the issue of trial dates in the court system versus the FSCO dates. Janice mentioned that if the courts push their dates over the FSCO dates, then the lawyers should write the Chief Justice. Janice confirmed that adjournments will not be granted because the solicitor has an obligation in another forum unless the court date was set first.
   
   
8. FSCO Website
   
   Janice indicated that if there were any major issues with regards to problems or concerns about the website she would like to be notified either by telephone or by email. If the members come across any other minor issues concerning the website, they should contact Elizabeth Carter at FSCO.
   
   
9. Introduction of New Member
   
   Ross Baker, ADR co-ordinator from Kingsway General Insurance Company, has now joined the Dispute Resolution Group Companies Forum.
   
   
10. Next Meetings:
    
    Thursday, June 1, 2000 9:30 a.m.
    Wednesday, September 6, 2000 9:30 a.m.