Counsel Forum Minutes of Meeting - May 25, 2007

1. Approval of Minutes – Meeting of March 30, 2007
The Minutes were approved as submitted.

2. Business Arising from Minutes

None.

3. Forum Membership/Mailing List/ Recruitment

Discussion of updating the Counsel Forum mailing list. There was agreement that the draft email could go out asking individuals and firms to confirm their participation and contact information.

4. FSCO Website

• David Draper reported that it would be possible to set up an entry point to the FSCO website specifically designed for representatives involved in the dispute resolution process. Catherine Zingg and Joseph Griffiths agreed to be the contacts for this project.
  
• David Draper reported that the DRS forms are being converted to a new fillable, saveable Pdf format. This will allow the forms to be completed and saved on the user’s home system.

5. Outreach 2007-2008

Part of the mandate of this Forum is involvement in outreach to communicate the services available through the dispute resolution process at FSCO. David Draper reported that the DRS Outreach Committee was being reconstituted and was expected to be working on outreach activities for the upcoming fall and winter. Philippa Samworth, Joseph Griffiths and Nestor Kostyniuk agreed to serve as contacts for the Committee.

6. Law Reform / Policy Initiatives

• Disputes Between Insurers – Roberto Pegoraro reported that there was nothing new on this issue. Policy work has been done and is awaiting decisions on legislative change.
  
• GISA and HCAI – Roberto Pegoraro provided an update and explanation of these two initiatives.
  
• Expenses re experts – Roberto Pegoraro confirmed that the issue of the adequacy of the expense regulation for expert fees, raised at an earlier Counsel Forum meeting, is being reviewed. Nothing to report at this time.
  
• SABS Representatives / Licenced paralegals – Roberto Pegoraro and David Draper provided an update on FSCO’s plans for the move to paralegal regulation by the Law Society.
  

7. What’s new – Recent decisions

Mamaca v. Coseco Insurance Company, 2007 CanLII 9890 – Discussion of this decision by Master Dash in which he rejected the view that litigation privilege begins with the application for mediation.


8. DRS Excellence Project

DRS Staff continue to work on implementation of operational report. Forum will be informed if any operational changes affect processes with the parties.

9. Arbitration issues

• Consent orders – Asfaw Seife reported that a committee of arbitrators is working on protocols aimed at improving the timeliness and consistency in issuing consent orders. Any problems should be brought to the attention of the Senior Arbitrators.
  
• “No show” cases – There have been quite a few of these recently. Discussion about how best to balance efficiency and fairness to both sides.

10. DRS Status Report

DRS staff provided statistical updates for mediation, arbitration and appeal. The judicial review chart and update memo were distributed. David Draper reported that work is being done to post the JR chart on the

FSCO website, a request that has been made by both Counsel and Companies Forum members.

The Judicial Review Chart was distributed. Grant was dismissed – November 30, 2006. The Divisional Court reserved its decision in McMichael, involving incurred expenses. We are still waiting for the Supreme Court's decisions in the two "accident cases.”

11. Agenda Items for Future Meetings - All

It was suggested that invitations to the next Counsel Forum meeting be sent to applicant’s counsel listed on the list provided by DRS to C. Zingg, in an effort to increase attendance at Counsel Forum by members of the plaintiff bar, who are under-represented. S. Pasternak also agreed to ensure notice of future Counsel Forum meetings was brought to the attention of OTLA.

12.Other Business - All
Discussion regarding current practice of awarding of expenses. A different process would require a legislative change. Ultimately, the Ministry of Finance controls the legislative agenda. Concerns can be brought to David Draper’s attention or you may write to Willie Handler, Senior Manager, Automobile Insurance Policy.

13.Future Meetings:

Friday September 28, 2007 & Friday November 30, 2007 at 9:30 am at FSCO.