PREAMBLE

• Introduction
• The Services of the Dispute Resolution Group
• About this Code
• How this Code is Organized
• Some Answers to Frequently Asked Questions [FAQS] by Claimants
• User Advisory Groups to the Dispute Resolution Group
• General Information Concerning the Time Lines for the Services of the Dispute Resolution Group
• How do I get more information?
  
  

SECTION A — RULES OF PROCEDURE

PART 1

GENERAL RULES FOR DISPUTE RESOLUTION

1. Interpretation
2. Guidelines
3. Practice Notes
4. Definitions
5. Dispute Resolution Services and Documents
6. Filing
7. Service of Documents
8. Calculation of Time
9. Representation
10. Party under Disability
11. Time Limits for Mediation, Neutral Evaluation or Arbitration

PART 2

MEDIATION

12. Application for Mediation
13. Appointment of a Mediator
14. Response to Application for Mediation
15. Combining Applications and Adding New Issues
16. The Mediation Process
17. Participation in Mediation
18. Confidentiality during Mediation
19. Time Limits for Mediation
20. Settlement of an Issue
21. Failure of Mediation
22. Report of Mediator
23. Amendment of Mediator's Report
24. Referral to Neutral Evaluation

PART 3

ARBITRATION AND NEUTRAL EVALUATION AT THE COMMISSION

25. Application for Arbitration
26. Options Available to an Insurer, Including Neutral Evaluation at the Commission
27. Response by Insurer
28. Appointment of an Arbitrator
29. Reply by the Applicant for Arbitration
30. Combining Applications
31. Severing Issues
32. Exchange of Documents Before Pre-Hearing
33. Pre-hearing Discussion
34. Failure to Comply
35. Settlement Conference prior to Scheduled Hearing Date
36. Confidentiality During Settlement Discussions
37. Hearings
38. Time Lines for Written Hearings
39. Evidence
40. Surveillance Evidence
41. Witnesses
42. Expert Witnesses
43. Reopening of Hearing
44. Neutral Evaluation at the Commission
45. Case Summary for Neutral Evaluation
46. Termination of Neutral Evaluation
47. Opinion of the Neutral Evaluator
48. Report of the Neutral Evaluator
49. Referral to Arbitration After Neutral Evaluation

PART 4

APPEAL OF ARBITRATION ORDER

50. Appeal
51. Starting an Appeal
52. Time for Appeal
53. Response to Appeal
54. Written Submissions
55. Appeal by Respondent ("Cross-appeal")
56. The Appeal Process
57. Preliminary Conference
58. Non-participation
59. Interventions
60. The Intervention Process

PART 5

VARIATION OR REVOCATION OF AN ORDER

61. Application for Variation/Revocation
62. Response to the Application for Variation/Revocation
63. The Variation/Revocation Process

PART 6

GENERAL PROCEDURES FOR HEARINGS

64. Applicability of this Part
65. Orders
66. Court Enforcement of Orders
67. Orders Within Proceeding: Motions
68. Dismissal of Proceeding Without Hearing
69. Settlement
70. Withdrawal
71. Inability of an Adjudicator to Complete a Hearing
72. Adjournments
73. Summons to Witness
74. Transcripts
75. Award of Expenses
76. Offer to Settle
77. Communication of an Offer to Settle or Response to an Offer to Settle
78. Expenses of Representatives
79. Assessment of Expenses
80. Constitutional Question and/or Charter Issue
81. Waiver of Procedural Requirements
82. Testimony and Civil Proceedings
    

SECTION B – GUIDELINES

1. Pre-approved Framework Guideline for Grade I and II Whiplash Associated Disorders
2. Minor Injury Guideline
3. Attendant Care Hourly Rate Guideline
4. Professional Services Guideline (From July 1, 2010 to August 31, 2010)
5. Professional Services Guideline (As of September 1, 2010)
6. Optional Indexation Benefit Guidelines
7. Transportation Expense Guideline
   

SECTION C – PRACTICE NOTES

1. Using Medical Evidence to Support Your Claim for Accident Benefits
2. Reaching a Settlement Within the Dispute Resolution Process
3. Participation and Representation at Dispute Resolution ("Authority to Bind")
4. Exchange of Documents
5. Mediator Referral to Private Neutral Evaluation
6. Neutral Evaluation at the Financial Services Commission of Ontario
7. The Arbitration Pre-hearing Discussion
8. Attendance of a Witness to an Arbitration Hearing By Summons
9. Adjournments
10. Process for Settling Disputes Between Auto Insurance Companies (Reg. 283/95)
11. Jurisdictional Issues Arising in Mediation
12. What Claimants need to know about Designated Assessment Centres
    

SECTION D – FEES AND ASSESSMENTS

1. Fees
2. Insurer Assessment
3. Payment of Fees – By the Insured Person
4. Payment of Fees and Insurer Assessment – By the Insurer
   

SECTION E – SETTLEMENT REGULATION

The Settlement Regulation

• For settlements made on or after March 1, 2002
• For settlements made before March 1, 2002

Settlement Disclosure Notices

• For accidents on or after November 1, 1996 (Effective September 1, 2010)
• For accidents on or after November 1, 1996 (Effective October 1, 2003)
• For accidents between January 1, 1994 and October 31, 1996
• For accidents between June 22, 1990 and December 31, 1993
  

SECTION F – EXPENSE REGULATION

• Excerpt from Regulation 664, R.R.O. 1990, made under the Insurance Act, as amended
• Schedule to Regulation 664, R.R.O. 1990, made under the Insurance Act, as amended
  

SECTION G – FORMS

• Form A – Application for Mediation
• Form B – Response to an Application for Mediation
• Form C – Application for Arbitration
• Form D – Agreement to Neutral Evaluation at the Commission
• Form E – Response by Insurer to an Application for Arbitration
• Form F – Statement of Service
• Form G – Reply by the Applicant for Arbitration
• Form H – Joint Statement for Neutral Evaluation at the Commission
• Form I – Notice of Appeal
• Form J – Response to Appeal
• Form K – Application for Intervention
• Form L – Application for Variation/Revocation
• Form M – Response to Application for Variation/Revocation
• Form N – Summons to Witness
• Form O – Affidavit of Service for a Summons to Witness