By
Pace Law

A Busy Year For Accident Benefits Decisions

December 3, 2012

Toronto Personal Injury Lawyer Albert Conforzi: 2012 has been a very active year at the Ontario Court of Appeal in the area of accident benefits decisions.

Last Wednesday, the Court of Appeal released its reasons in Cornie, which dealt with the mediation backlog at the Financial Services Commission of Ontario (FSCO).

The Insurance Act requires all disputes for benefits to be mediated at FSCO before an applicant can proceed to Arbitrate or Litigate such disputes. The backlog of mediations currently sits at around 31,000 files, and from the time that you file your papers to when your mediation is heard, the wait can be approximately one year. That is an eternity when you are waiting for benefits. The Insurance Act and regulations actually require that the mediation be held within 60 days after the mediation application is filed. So what gives?

Thankfully, the Court confirmed that “60 days” means “60 days” and “filing” means “filing.”

In Cornie and 3 other cases that were heard at the same time, the issue was whether a party could proceed to arbitrate or litigate a matter if the mediation was not held within the 60 days. FSCO itself took the position that the 60 days did not run from the filing of the mediation application – as in the regulation – but rather the 60 days ran from when a mediator was appointed to hear the case. The injured parties took the position that 60 days from filing meant 60 days from filing. The insurers opposed the injured parties as well. In my view, their self interest was in seeing the delay extend as long as possible (here’s another post of mine which mentions how insurers view the backlog issue).

Thankfully, the Court confirmed that “60 days” means “60 days” and “filing” means “filing.” Accordingly, a party may ask for a failed mediator’s report 60 days after filing an Application for Mediation if a mediation has not been held.

The danger now is that the backlog in mediations is simply going to be pushed to the Arbitrations unit at FSCO. Time will tell whether that fear materializes and to what extent it happens.

Albert Conforzi is a personal injury lawyer in Toronto. He has been fighting for accident victims’ rights for over 30 years.

Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Events
By
Pace Law
Pace Law Firm is always looking to expand our business and elevate it to the next level. On Thursday November 24th, Pace Law Firm attended the Canadian Mortgage Summit (CMS) to hear from the industry’s top mortgage brokers, lenders and solution providers.
Firm News
By
Pace Law
We are proud to announce that Pace Law has become a multi-service firm and is launching a new website to accommodate our growth in different areas of law!
Events
By
Pace Law
The National Day for Truth and Reconciliation takes place on September 30th for the second consecutive year. Each year, September 30th marks both Orange Shirt Day and National Day for Truth and Reconciliation.
Real Estate Law
By
Pace Law
In key Canadian cities, the housing inventory may reach a crisis stage, according to a recent analysis from RE/MAX Canada. The analysis confirms that governments must take quick action to address the critically low supply of available homes.
Personal Injury
By
Pace Law
As the winter months get closer, it is critical to plan ahead and take precautions as needed to reduce the likelihood of mishaps. Nearly 30% of all motor vehicle incidents, according to recent RCMP data, happened on slick, snowy, or icy roadways.
Real Estate Law
By
Pace Law
Two weeks after the provincial administration submitted Bill 109, the More Homes for Everyone Act, 2022, on March 30, 2022, it obtained royal assent on April 14. The last step needed for a legislative measure to become law is royal assent.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top