10:00 a.m.

ROOMS 3 & 4, 14th floor

Dispute Resolution Group Companies Forum

Minutes of Meeting October 5, 2005

Attendees:

The Dispute Resolution Group – Companies Forum includes representatives from auto insurance companies dealing with disputes before the Commission involving motor vehicle accident claims and Statutory Accident Benefits. It consults with the Dispute Resolution Group of Financial Services Commission of Ontario on issues relating to the dispute resolution system.

Opening

The meeting was called to order at 10:00 a.m. on October 5, 2005.

The minutes of last meeting were approved with no changes.

There were no matters arising from the previous meeting’s minutes.

Auto Insurance Reform update - David Draper

• anticipated date of effect Feb/Mar/06—should not vary from draft

Mediation status/statistics - John Lobo

• 2,853 applications (3,330 in previous quarter)
• no particular trends noticed
• representation at mediation by legal counsel, including paralegals supervised by lawyers has increased to 70%, while there has been a reduction in participation by SABS representative
• 36 mediators at present

Arbitration status/statistics - Susan Sapin

• increase in applications resulting in slower processing time
• support area has increased
• adding more arbitrators - 5 contract are now permanent
• 90% of files settle prior to hearing, 3% close by decision
• number of written decisions remains unchanged
• settlement officers most in demand 1 week prior to hearing

Appeals- David Draper

• Appeals- David Draper

DRS Operational changes- David Draper

• website easier to work with
• next phase is to improve search capability of Arbitration and Appeal decisions
• password page to be revised
• decisions are issued first to parties, which allows time for correction before posting to website
• increase in cease and desist orders. Affected parties can argue their case in front of Tribunal

Feedback/Evaluation of Mediators - Adam Fox

• suggestion was discussed with a written proposal to be provided for DRS Management to look into further
• in the meantime, John Lobo asked that feedback and/or concerns be directly raised with the mediators
• specific issues/complaints regarding mediators may be raised with the Team Leaders or Manager Mediation

Expansion of companies forum - Mike DeLaHaye

• no restriction as to who can attend, per David Draper
• consistent attendance more beneficial than random
• idea?  E-mail other companies to encourage their attendance

Dismissal at pre-hearing stage- Mike DeLaHaye on behalf of Scott MacDonald

• a party who appears to be abandoning their claim by not showing up is dealt with on an individual basis, per Susan Sapin
• would a practice note for these situations help?
• insurers need to ask for cost consequences- an arbitrator will not usually raise this
• David Draper will give consideration to a “best practices” code/guideline on “no show” situations
• they have awarded costs against the rep’s in the past
• there are now 26 calendar days from date of FSCO letter for the Arbitration response due date

Other business

• Smart Forms e-filing not going forward (at this time) due to changes to DAC system, per David Draper
• a simplified application for mediations may be a next step, but supporting documents will still need to be attached
• DRS review- David Draper will address at next meeting
• Loss Transfer issues- contact Margaret Orlander at FSCO or IBC
• Minutes on FSCO website - still under password protection - is this necessary?
• attempts being made to improve scheduling rooms on 14th floor

Minutes:  Kim Thoms

NEXT MEETING :  January 18, 2006  10:00 am  FSCO