2007 Annual Report

Schedule R - 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 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 16 Court appointed Arbitrator/Referees: one in each of Alberta, Saskatchewan, Manitoba, Nova Scotia and Quebec, 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.

Appeal Activity

4. The number of appeals assigned to Arbitrators and Referees continues to decline. The appeals are, however, increasingly complex and Arbitrators and Referees are frequently required to spend considerably more time determining these matters than was anticipated under the current fee structure. Arbitrators and Referees continue to report that they are spending a significant amount of time outside the hearing to complete their review. The tariff rate for Arbitrators and Referees has not been increased since it was first set and the Joint Committee may therefore wish to review the fixed per diem and hourly rate.

Financial Activity to December 31, 2006

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

   	British Columbia	Quebec	Ontario (includes all remaining provinces)
   Fees	$19,952.50	$33,695.00	$78,991.35
   Disbursements	$553.68	$3,184.93	$10,082.66
   Taxes	$2,447.79	$5,428.37	$6,725.71
   Totals	$22,953.97	$42,308.30	$95,797.72

   
   In the past fiscal year, 7 cases were approved for payment in excess of the tariff rate: 1 in Quebec, 4 in Ontario and 2 in British Columbia.

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 2007 Budget be set at an amount equal to that actually paid in 2006. Any additional amounts, if required, would be subject to Court approval.