Helping Those Who Need It The Most ™
News & Insights

Blog

At Smitiuch Injury Law, we dedicate our practice to helping clients through difficult periods of their lives. We handle the legal burdens while you focus on healing and your well-being.

Ontario Court of Appeal Upholds "60 Day" Rule for FSCO Mediations

The Ontario Court of Appeal has upheld a decision from the Superior Court of Justice of Ontario that declared a mediation by the Financial Services Commission of Ontario (FSCO) failed if it has not been mediated within 60 days of the application being submitted. In Cornie v. Security National [2012 ONSC 905], which was heard with three other similar cases, Justice J.W. Sloan found the insurance companies' position that accident victims must simply wait to be "preposterous" and suggests that FSCO can continue to try to comply with the 60 day period or seek a change and/or ask for some legislative direction to extend the 60 day period in appropriate circumstances.  This decision was posted in our blog on February 9, 2012. This ruling means that, when an accident benefits insurer has denied a benefit, the insured can apply for mediation at FSCO and, 60 days after the mediation has been filed, the insured can then move on to either arbitration or a lawsuit against the insurer if the mediation has not been conducted within that timeframe. The Court of Appeal concluded their decision by stating the following:

[56]        The legislative scheme for resolving disputes about statutory accident benefits requires that insured persons resort to a mandatory mediation process before commencing a court proceeding or submitting their disputes to arbitration. The Act, the regulations and the DRPC make it clear that this process is intended to be completed within 60 days from the filing of an application for mediation with FSCO, unless the parties agree to an extension of time. The scheme postpones the right of insured persons to commence civil actions against their insurer in order to allow the mediation process to be completed within the time prescribed, but leaves them free to commence actions once that period has expired.

No Comments

Leave a comment
Comment Information
  • Contact Our Personal Injury And Disability Benefits Lawyers For A Free Consultation
  • Get the answers that you need, free of charge. We offer a no-risk initial consultation to clients across Toronto, Brantford, Simcoe, Hamilton, and the GTA.

    Get A Free Consultation

Toronto Office
3280 Bloor Street West
Centre Tower, Suite 800
Toronto, Ontario M8X 2X3

Toll Free: 866-621-1551
Phone: 416-621-1551
Fax: 416-621-1558
Toronto Law Office Map

Brantford Office
330 West Street
Unit 6
Brantford, Ontario N3R 7V5

Phone: 519-754-1558
Fax: 519-754-1580
Brantford Law Office Map

Hamilton Office
1 Hunter Street East
Hamilton, Ontario L8N 3W1

Phone: 905-777-7907
Fax: 416-621-1558
Map & Directions

Simcoe Office
16 Norfolk Street South
Simcoe, Ontario N3Y 2V9

Phone: 519-426-9332
Fax: 519-754-1580
Simcoe Law Office Map

Scroll To The Top