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The New Dispute Resolution Process

Are you ready for April 1, 2016? This is when the dispute resolution process is handed off from the Financial Services Commission of Ontario (“FSCO”) over to the Licence Appeal Tribunal (“LAT”). FSCO will no longer accept applications for mediation, neutral evaluation and arbitration. This includes applications for arbitration where the report of the Mediator is issued before or after April 1, 2016. This means if you have any denials that have not yet been mediated then you had better get them filed now. FSCO will not accept any filings after March 31, 2016.

For updates and additional information, you can access the LAT website at: http://www.sse.gov.on.ca/lat/english/Pages/default.aspx

There are three steps to the new LAT process.

Step 1:      Internal Review – within 30 days

Step 2:      Settlement Meeting – within 45 days

Step 3:      Arbitration – three types:

a) Paper reviews for:

i) disputes under $10,000; and

ii) Minor Injury Guideline determinations

b) Expedited In-Person – half or full day straight forward disputes

c) Full In-Person – for catastrophic issues, post-104 week income replacement benefits, 24 hour attendant care

LAT decisions are appealable to the Divisional Court on questions of law only.