Counsel Forum Minutes of Meeting - March 26, 2004

Approval of Minutes

The minutes of the meeting held January 30, 2004, were approved.

Automobile Insurance Reform Update

• Margaret Orlander addressed the forum on behalf of FSCO and provided a brief update concerning ongoing automobile insurance reform initiatives being considered by the government.
  
• She advised that a discussion paper on the proposed expert assessor network EAN was released last week and is available on the FSCO website.
  
• The government plan is to replace the DAC system with the expert assessor network system
  
• There was considerable discussion about the government's proposals in this area.
  
• Many members put forward their concerns about this proposal and Ms. Orlander indicated that their feedback should be provided to the government as set out in the consultation paper.
  
• She emphasized that the present discussion paper is very preliminary and further discussion and consultation will take place.
  
• The hope of the government is that sometime during the summer of 2004 the final plans for the expert assessor network will be released.
  
• For the time being the present DAC system will continue

Mediation

• There has been a slight decrease in the number of mediation applications received in the last quarter.
  
• As well the number of pending applications is down slightly.
  
• There has been a small increase in the number of insured persons who are represented at mediation by law firms.
  
• Processing time for mediation applications is becoming faster.
  
• The number of days, on average, between the time a mediation application is perfected and the time it is being assigned to a mediator is now twelve days.
  
• The number of full and final settlements being reached at mediation is going down.
  
• This may relate to the fact that recent amendments to the Insurance Act do not permit full and final settlements until at least one year has passed from the date of the accident.

Arbitration Statistics

• The number of arbitration applications received by FSCO in the first quarter of 2004 are up slightly over the comparable quarter last year.
  
• The number of arbitration hearings held in the last quarter of 2003 were up slightly but the total number of hearings held over the entire year remained the same as the previous year.
  
• With respect to settlement rates, 88% of arbitration applications are settled.
  
• Only 4% of arbitration applications go to a full hearing.
  
• The total number of arbitration applications received in 2003 was 2055, which is an increase of 18% over 2002.
  
• Two new arbitrators have been appointed.
  
• They are Jeffrey Rogers and Lorne Slotnick.
  
• Arbitrator Fred Sampliner, addressed the forum to explain some of the committees that exist at FSCO.
  
• He described the Policy and Procedures Committee, the Practice Code Committee and the Internal Education Committee.
  
• He also indicated that there may be an opportunity for Counsel Forum to provide some feedback to these various committees when necessary.

Appeals and Judicial Review

• There are now only four appeal decisions pending.
  
• Most appeal decisions are being rendered quite quickly.

Operational Update

• Counsel Forum viewed a demonstration of the proposed E-filing system.
  
• The demonstration was put on by Alan Amos and Peter Burston.
  
• The present plan is to launch E-filing of mediation applications in September, 2004.

Next Meeting

• The next meeting of Counsel Forum will be held on May 28, 2004.
  
• A new chair for the Forum will be nominated at that time.