Ivan Luxenberg (Chair)
Approval of Minutes – Meeting of January 28, 2005
The Minutes were approved as submitted.
Business Arising from Minutes
Auto Insurance Reform Update - Margaret Orlander
Margaret reported that there is little to “update” that impact on Dispute Resolution. There have been regulation changes to the underwriting of risk classifications (what criteria insurers can use); this information is contained in a Superintendent‘s Bulletin.
No new news on DAC reforms.
DRS Statistics - Mediation - John Lobo
John Lobo presented the statistics, there are no significant changes.
Arbitration - Status and Statistics - Susan Sapin
These were reviewed and discussed.
Nestor Kostyniuk raised a concern about whether there was a change in practice with respect to timeliness of Responses, and whether late filing would attract consequences such as a Response potentially being struck by an arbitrator. This concern was based on a recent experience.
DRS Statistics - Appeals and Judicial Review - David Draper
Overall statistics have not changed.
DRS Operational Changes - Update
David Draper provided an update on ongoing recruitment and competitions for the positions of Manager Mediation, Team Leader, Mediation, Senior Arbitrator, mediators and arbitrators, which DRS hopes to compete by fall.
Website: August 25, 2005 is the launch date of a more powerful, fast search engine. A mailing list is being developed at the corporate level, to eventually provide notice to subscribers of Bulletins, etc., this would be launched some time after August 25.
Briefs – do counsel send them, are they received by FSCO, do arbitrators review them prior to pre-hearings?
Members discussed the ongoing difficulties, from insurer and applicant points of view, of the current IE process and medical examination evidence, how arbitrators deal with same and with non-attendance, the lack of mandated defence medicals as in the courts, whether the problem is escalating and whether anticipated changes to s. 50 of the SABS will fix same.
Joanna Chadwick graciously paid for lunch.
The meeting was adjourned just after 2.00 pm.
Next Counsel Forum Meeting is May 27, 2005.