2003 Annual Report

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Schedule X – Arbitrators and Referees

Prepared for:
The Joint Committee of the Hepatitis C 86-90 Trust Fund

Prepared by:
Reva Devins
Associate Chair,
Ontario Roster of Arbitrators and Referees

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 this fiscal year the Quebec Arbitrator/Referee was appointed a Judge of the Court of Quebec, and a new Arbitrator/Referee was appointed.)

Appeal Activity

4. The number of appeals assigned to Arbitrators and Referees this fiscal year is marginally lower than in the previous fiscal period. There has been a slight decrease in the number of completed cases with a corresponding increase in the number of cases that are still pending final determination.
5. In the vast majority of appeals yet to be determined, the Arbitrator/Referee is awaiting confirmation from the claimant regarding whether they are ready to commence the hearing or whether they require further time to prepare their appeal, or the cases have been commenced but have been adjourned pending further evidence or written submissions. The issues presented on appeal are also significantly more complex than many of those presented in the first year of the appeals process and a number have required multi day hearings, lengthy written submissions and adjournments to gather additional documentation.

Financial Activity to March 31, 2003

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

   	British Columbia	Quebec	Ontario (including all remaining provinces)
   Fees:	$31,662.50	$	$105,649.98
   Disbursements:	$ 1,433.36	$	$ 8,936.95
   Taxes:	$ 4,354.99	$	$ 11,266.88
   TOTALS	$37,450.85	$ 27,629.01	$125,853.81

Proposed Budget

7. 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 2003-2004 Budget be set at an amount equal to that actually paid in 2002-2003. Any additional amounts, if required, would be subject to Court approval. In respect of Quebec activities, an increase is anticipated in order to effect the transition to the new arbitrator/referee consequent upon the appointment of the former arbitrator/referee to the Superior Court of Quebec.