Minutes of Meeting March 8, 2012
Mike De La Haye: Wawanesa (Chair) Asfaw Seife
Mark Cekuta: Unifund John Lobo
Jeff McComb: Aviva Canada Inc. Philippe Rabot
Whitney Goodfellow: Market Insurance Isobel Fealdman
Janice Hedington: The Co-operators Christina Pearce
Maria Jolly: Unifund
James Kempf: Desjardins Via Conference Call:
Patrick Law: Dominion of Canada
Robb Walker: Belair Direct
Linda Watson: TD Insurance Ann Shewchuk: Economical
Laurie Cuda: TD Insurance
Suilan Lue: DGIG
Kim Thoms: Royal and Sun Alliance
Barry Rosenthal: Intact
Maria Joshua: Granite Claims
The Dispute Resolution Group – Companies Forum includes representative 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.
- Review and Approval of Minutes of Previous Meeting – January 12, 2012
Approved without amendments.
Matters Arising from the Minutes
- Backlog Initiatives:
Mandatory Settlement Blitz Days: Initiative has been successful in closing a significant number of files with a high rate of settlement. Ongoing bookings into February and March.
Consent Failures: Letters continue to be sent out with an attached form to claimants and insurers, starting with the oldest files, to consider the option of failing mediation upon mutual consent. To date there has been limited response.
Isobel Fealdman, Director, Strategic & Operational Planning, Corporate Services Division, provided the following update:
In order to reduce the backlog, on January 16, 2012, a Request for Proposals (RFP) will be posted on MERX™, the electronic tendering system used by the Province of Ontario. The RFP is seeking up to four dispute resolution companies to provide high volume services in order to eliminate the backlog of files. We anticipate that, as mediation files move through the system, that an increased demand will develop in arbitration. As a result, in addition to mediation services, the RFP is seeking service providers to provide arbitration services in order to respond to the expected increase in demand. These companies will be used to supplement FSCO’s existing resources and address the files in the backlog. FSCO expects to have contracts in place with qualified service providers by May 2012. A reminder was provided for insurers to ensure they have adequate resources in place to handle the increased number of mediations and arbitrations that will be taking place.
After a successful optional phased approach, eCalendar became mandatory on February 1, 2012, subject to certain exceptions such as unrepresented applications.
More information is available on the website or by contacting the mediation enquiry line
- Cornie et. Al. v. Security National et. Al. AND Leone v. State Farm:
Asfaw Seife advised the appeal processes in these matters have not been exhausted. FSCO will provide an update as to changes, if any; regarding the operations of the Dispute Resolution Services FSCO once the appeals have been concluded. Both court matters are under appeal.
- Section 55:
Asfaw Seife, Director, Dispute Resolution Services Branch, advised that work is in progress regarding Section 55 screening. Further details of process of dealing with non-compliance of Section 55 will be provided for comments before finalization and distribution to staff and stakeholders for their feedback and comments.
- DRS Stats:
Mediation, Arbitration and Appeal Statistics were circulated at the meeting for discussion. Mediation Statistics were reviewed and discussed as of March 6, 2012.
Updates since January 2012 were provided in a memo from Asfaw Seife to Forum members and reviewed.
- Other Business:
Minutes by Christina Pearce