Council Forum Minutes of Meeting - January 26, 2001

Members present: Email

Nestor Kostyniuk (Chair)
Philippa Samworth
Stanley Pasternak
Harry Brown
Ivan Luxenberg
Gurcharan Anand
Rita L. Urbonavicius
Victor J. Paolone
Grant Dow
Claude Blouin
Eric Grossman
Peter Cozzi

Regrets:

Attendees: FSCO

David Draper
Asfaw Seife
Eric Endicott
Richard Tillmann
Shonna Neil
Barbara Dudzinski

1. Approval of Minutes - Meeting November 24, 2000
   
   
   • The Minutes were approved as submitted.
   
   
2. Mediation
   
   
   • Barbara Dudzinski reported that applications were still higher than anticipated
   The Bar Dispute Resolution Group Forum (Counsel Forum) includes lawyers and paralegals who represent claimants and insurers before the Commission. It consults with the Dispute Resolution Group of the Financial Services Commission of Ontario on issues relating to the dispute resolution system.
   
   
   • Recruitment of more staff continues. For example, two co-ordinators have been hired, but one has departed. The target for the full complement of mediators is 36.
   • Shonna Neil reported on the backlog of applications for mediation in the mailroom. This is being remedied through a blitz. Many delays are caused by the fact that the applications are not complete when received.
   
   
3. Arbitration
   
   
   • Asfaw Seife reported that 1,335 applications for arbitration were registered in 2000, a 12% increase from 1999. 61% were for Bill 59.
   • Bar members asked that FSCO review any delay in providing decisions on preliminary issues, and asked that the percentage of insurers using counsel be reviewed. In particular, there is a question if in-house counsel are reported as law firms or not.
   • The question of dealing with minors or those under disability was discussed. The new practice code will specifically deal with this, and the proposed Rule 10 was distributed. Until implementation of the new practice code, any problems should be referred to Mr. Seife or Mr. Draper.
   • Mr. Seife indicated that there are 18 arbitrators and there is an ad out to add two more.
   
   
4. Appeals
   
   
   • Mr. Draper reported that he still does some of the appeals. Susan Naylor and Stewart McMahon (temporary basis) continue to do appeals, and Mr. Draper is reviewing the staff requirements.
   
   
5. Judicial Review
   
   
   • The list of cases was reviewed by the meeting.
   
   
6. New Practice Code
   
   
   • This is in publication, still with a target date for March.
   
   
7. Mediation Fee
   
   
   • FSCO will now be assessing $500.00 to an insurer when a report of mediator is issued. Some Bar members questioned this, while others felt that there was nothing wrong with such a system. Multiple applications will be joined in one.
   
   
8. Problems Experienced with Lawyers or Representatives at Mediations
   
   
   • Barb Dudzinski provided us with a list, which was briefly reviewed. The forum will consider the list at the March meeting.
   
   
9. DACs
   
   
   • Philippa Samworth reported the new Chairperson of the committee is Steve Firestone. The person to contact at FSCO is Richard Tillmann.
   • The DAC committee has been working on CAT DAC guidelines. They wish to standardize the DACs, to make them transparent and neutral.
   • Issues such as whether the DAC system will remain, or whether I.E. doctors should be on DACs have been discussed.
   • Disability DACs should be multi-disciplinary. Med Rehab and CAT DACs should also be implementing this.
   • The cost of a DAC, hourly rates, and whether paper reviews can be done at the discretion of DACs has been discussed. Quality control, reviews, and a complaint process are being implemented.
   • The forum thanked Philippa Samworth for her hard work on the DAC committee.
   
   
10. Next Meeting
    
    
    • Friday, March 30, 2001, 1:30 p.m. (The meeting room and lunch will be made available for anyone who wishes at 1:00 p.m.)