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Superior Court Decision Regarding Failed Mediation

On February 8, 2012, Mr. Justice J.W. Sloan of the Ontario Superior Court of Justice issued his decision on a motion to strike four civil actions (Cornie v. Security National Insurance Co. et al) against insurers for failure to pay or approve claims for statutory accident benefits (SABS) without mediation having first occurred.
 
The ruling held in each of the four cases that mediation has failed because more than 60 days had elapsed since the Application for Mediation was filed. 
 
This matter is under appeal and now before the courts.  Once the appeal process is concluded, FSCO will provide an update as to changes, if any, regarding the operations of the Dispute Resolution Services Branch.
 
On February 17, 2012, FSCO posted an arbitration decision on the same issue.  
  
Please continue to check this website for any updates on FSCO’s activities regarding these matters.
 
A number of initiatives are underway to address the backlog in mediation. Further details on ongoing initiatives are available on FSCO’s Mediation Backlog Initiatives page.