Present:
Gurcharan Anand Anand, Levy, Jebb
Harry Brown Ianoco, Brown
Peter Cozzi Barrister & Solicitor
Michael Gillen Schwarz, Gillen
Eric Grossman Zarek, Taylor, Grossman, Hanrahan
Nestor Kostyniuk Kostyniuk & Greenside
Mark Koyama Hughes, Amys
Steve Malach Malach & Fiddler
Janice Mackintosh Financial Services Commission
Nancy Makepeace Financial Services Commission
Dawn Maruno Financial Services Commission
Shonna Neil Financial Services Commission
Phillipa Samworth Fireman, Regan, Samworth
Gary Spector Spector & Partners
Mary Jo Sullivan Financial Services Commission
Joan Takahashi Borden & Elliott
Sharon Warden Borden & Elliott
Catherine Zingg Flaherty, Dow, Elliott, Chadwick & McCarthy
- Minutes of last meeting approved.
- Nancy Makepeace - Appeal Assessment Disputes
- Due to the lack of decisions concerning the quantum of "Expenses of Appeal" ordered, the DRG proposes issuing a practice tip. The sub-committee on the Dispute Resolution Practice Code will look at the proposal and comment on it. It was felt by the Commission members that a practice tip was not needed for arbitration expenses. The Commission will send its proposed practice tip to the subcommittee for comments.
- Shonna Neil - Mediation
The Mediation Branch is predicting about 8,000 cases for the year. There is a slight increase in cases pending, due to staffing and training over the summer. Three contract workers' contracts are coming to an end. The telephone statistics include cases settled or withdrawn before any formal mediation. The statistical changes will not come into effect until next year. This will be apriority next year, after the Y2K problem has been finished.
- Mary Jo Sullivan - Arbitration
The average age of decisions is up to 67 days, and pending is 69 days. Hearings are being set at about 5 months after the pre-hearing, and pre-hearings are being set about 6-8 weeks after the Response. Two weeks of available hearing dates were lost from the first two weeks of January pushing the dates to 5 months. We expect to have dates at 4 months from pre-hearing again, early in the new year.
It is anticipated that the remaining backlog will be eliminated by February. The old cases are moving out of the system at a rapid rate. Cases involving mental incapacity or children's rights are being specially case managed. The Arbitration Branch is giving much closer attention to adjournments. A member complained that he has been told that he cannot get a date outside of the guidelines. He was assured by Commission members that dates are available and that there are no specific instructions to pre-hearing arbitrators to refuse to give dates outside the timelines. However, pre-hearing arbitrators will strongly encourage parties to accept dates within the timelines.
Another member asked about case managed files with respect to people under disability. This usually arises in the context of pre-hearings. They are watched by Jan Mackintosh or a senior arbitrator and monitored to make sure it can continue towards a hearing. This will also be done where the Commission feels it will be a problem file. This is one of the Adams recommendations. The member also asked about lengthier hearings. These are rare, however, if counsel feel that more time is needed, they can write to the Commission. This should be done before the pre-hearing.
- Nancy Makepeace - Appeals - Statistics - Wood v. Guardian
The Divisional Court has reserved. This was the mandamus issue. The Harris decision follow-up has fallen off the list. There has been no change in the process of dealing with the question of whether or not an appeal discloses an issue of law.
- Mary Jo Sullivan - New Information Technology
The new views of the decisions have been set up but not turned on yet. This will be done after all Y2K issues have been resolved, likely in early 2000. Mary Jo Sullivan will also check on the status of cases in the Adobe Acrobat "pdf" format on the Internat. At present this is haphazard.
- Janice Mackintosh & Steve Malach - Educational Initiatives
The Committee is waiting for input from people. The date is the first Friday in April. It is hoped that the program will be available by video conference and can go on the road. The expected cost of the program will be $195.00 per person, with discounts for multiple registrations.
- Adjournments Policy - Requests by Teleconference
The Commission will be flexible in dealing with adjournment requests.
- Janice Mackintosh - Amendments to the Dispute Resolution Practice Code
The proposed changes are somewhat dependent on the two year review and the Woods JR hearing. It is to be released in April 2000. Sub-committee Members are: Joan Takahashi, Gurcharan Anand, Philippa Samworth and Michael Gillen. Please forward any thoughts you may have with respect to amendments to the Code to any of the sub-committee members.
- Workload and Staffing Issues at the Financial Services Commission of Ontario
A general discussion was conducted on the actuarial prediction that fewer arbitrators will be required to deal with the Commission's caseload in the future.
Next Meeting
The next meeting has been scheduled for December 3, 1999.
Financial Services Commission of Ontario