Two members of FSCO’s Public Affairs Unit, Rowena McDougall, Senior Manager and Sonia Taurasi, Team Leader, gave a presentation on FSCO’s new approach to reporting its monitoring and enforcement activities. They demonstrated the features of the new online site, part of FSCO’s website, that is scheduled to be launched in mid-January 2008.

They also showed how to use the fillable DRS forms. PDF-fillable /saveable forms are now posted on the website. Users will need PDF version 7 or higher and were asked to let FSCO know about any problems they encounter. A suggestion was made that a blank page be added to Form B, Response to an Application for Mediation, to allow for additional detail.

Review and Approval of Minutes of September 20, 2007 Meeting

Minutes were approved with the following changes on page 3 of 4, last paragraph under FSCO invoices for services – clarification that an insurer did not receive an invoice for 2.5 years. David Draper confirmed that there has been a move to go back to invoicing twice per year. It was pointed out that the Dispute Resolution Practice Code refers to quarterly invoicing.

FSCO Matters – David Draper

Recent decisions/issues affecting DRS at FSCO

Roland Spiegel has been reinstated as a SABS representative as part of a consent order issued by the FST.

One of the Appeals delegates is currently deciding whether the appeal can proceed on a pre-hearing decision dealing with production of insurer reserve information

Judicial Review :
Da Rosa has been adjourned to be heard late February/March.
Decisions pending on Ms. G and Pilot, and Kanareitsev and TTC

Mediation Statistics and Issues - Elizabeth Faggiani

Mediation statistics were reviewed : Increase in applications, coupled with staffing issues and constraints have created a delay in the processing time and a backlog in files pending assignment to mediators.
5 mediators are being brought on board on up to 1 year contracts, backfilling for mediators on leaves.

Arbitration Statistics – Janine Macy

Arbitration statistics were reviewed : Increase in applications, files are settling and there has been an improvement with getting late decisions out.
Competition pending for 2 permanent and 2 contract arbitrators, with a timeframe to have them on board by mid-February.

Appeal Statistics - David Draper

Most of the aging pending decisions have been issued. Backfill for Nancy Makepeace will likely be from the Arbitration Unit,

Outreach Committee – David Draper

New revitalized committee is co-chaired by Elizabeth Nastasi (Arbitration) and Jackie Laidlaw (Mediation). This fiscal year, the committee is targeting three areas; working with community colleges on curriculum development to support paralegal education, out of town initiatives and improved coordination of speaking engagements/conferences.

Law Reform / Policy Initiatives – Alec Fadel

SABS Representative / Paralegals – on track, with the Law Society of Upper Canada exam set for late January. Licences to be issued beginning May 2008.
HCAI – on track, final guideline will be issued in December 2007. As of February 1, 2008, all health claim forms from health care providers must be sent to HCAI, a central processing registry. There will be a one-week grace period, after which insurers are being asked to contact the health providers who are still submitting paper forms advising them to go through HCAI.

Other Business
The following issues were raised and discussed :

• that some health care facilities are having claimants sign blank forms.
• that some doctors are signing the OCF-22’s for claimants who are not their patients.
  Reminder that such complaints, should be forwarded through the complaints process at FSCO. Website provides information on the complaints filing process.
• that some legal representatives are not available during the 60 day period and than insist on the mediation being failed, which was seen as an abuse of the mediation process.
• that it would be helpful if the insurer’s claim number is listed on the arbitration documents. While there was an acknowledgment that some documents do have the claim numbers, follow-up documents do not. Janine undertook to follow up and look into this further.
• re-filing for mediation after all issues settled and Report of Mediator issued . Insurers hit with a 2nd mediation fee raising concerns about paying the $500 mediation fee multiple times for the same dispute.
• there was a suggestion that documents from DRS should be sent directly to the “listed” adjuster. Generally felt that the process is smoother when the ADR Coordinator at the insurance company receives the documents and forwards them to the appropriate individual.

Next Meeting

The next meeting will be at FSCO on March 6, 2008 at 10:00am

Minutes - Amarin Tsujimura – Royal & SunAlliance/Western