2004 Annual Report

$firstSched && $thisSched <= $lastSched) { print 'Previous | '; } ?> Table of Contents = $firstSched && $thisSched < $lastSched){ print ' | Next'; } ?>

Schedule S – Report and Fees of Referees and Arbitrators

Duties and Responsibilities of Arbitrators and Referees

1. Under the terms of the Court approved settlement, Arbitrators and Referees are responsible for determining all appeals brought by claimants seeking review of the decision of the Administrator. An appeal may proceed by Arbitration or Reference, and may be conducted by convening an in person hearing where witnesses give oral testimony, or by a review of written material. Arbitrators and Referees are to conduct their review using the simplest, least expensive and most expeditious procedure.
2. Upon conclusion of the appeal, the Arbitrator or Referee must release their decision within thirty days of completion of an oral hearing, or within thirty days following receipt of final written submissions. Reasons for Decision are released in writing to the individual claimant and to Fund Counsel representing the Administrator. In all decisions, the Arbitrator or Referee must state the facts and conclusion without identifying the claimant; decisions are then posted on the Website.

Roster of Arbitrator/Referees

3. There are currently 17 Court appointed Arbitrator/Referees: one in each of Alberta, Saskatchewan, Manitoba, and Quebec*, two in Nova Scotia, four in British Columbia, and 7 in Ontario, including a French speaking Arbitrator/Referee who conducts all French language appeals outside of Quebec and British Columbia.
   
   (*During the previous fiscal year the Quebec Arbitrator/Referee was appointed a Judge of the Court of Quebec, a new Arbitrator/Referee was appointed on March 27, 2003.)

Appeal Activity

4. There continues to be a slight decrease in the number of appeals assigned to Arbitrators and Referees. There also continue to be a number of cases in which the Applicant has filed a Request for review of the Administrator's decision, however, they are not ready to proceed to Arbitration or Reference. Similarly, even after a hearing has been convened, a number of Applicants require an adjournment of proceedings to obtain additional evidence. The need for adjournments, together with more complicated issues on appeal, has resulted in more multi-day proceedings and an increase in the time spent on individual appeals by the Arbitrator/Referees.

Financial Activity to March 31, 2004

5. The fees and expenses incurred by the Arbitrators and Referees are summarized below:
   
   

   	British Columbia	Quebec	Ontario (includes all remaining provinces)
   Fees:	$42,404.50	$39,610.00	$92,968.75
   Disbursements:	$1,934.05	$703.89	$9,334.60
   Taxes:	$4,846.19	$6,052.01	$8,079.95
   TOTALS	$49,184.74	$46,365.90	$110,383.30

Proposed Budget

6. As in previous years, the number, and complexity of appeals initiated, and pursued, by claimants will determine the fiscal needs of Appeal administration. Consequently, absent a reliable predictor of incoming Appeals, the proposed budget for Arbitrators and Referees should be based on expenses, fees, and related expenses incurred in the preceding year. We would therefore recommend that the 2004-2005 Budget be set at an amount equal to that actually paid in 2003-2004. Any additional amounts, if required, would be subject to Court approval.

Top