"Failed" mediation after delay of 60 days
February 24, 2012
The recent Ontario Superior Court of Justice decision, Cornie v. Security National speaks directly to the extended delays being experienced by injured individuals who are attempting to resolve disputes with their insurers over the funding of med/rehab services through the FSCO mediation process. This decision provides that a delay of more than 60 days will be viewed as a "failed" mediation enabling claimants to proceed to arbitration.
Although helpful in moving the dispute resolution forward to an ultimate conclusion, most denied treatment plans will still remain unfunded for unreasonable periods of time until the completion of the arbitration process. However it puts insurers on notice that they cannot use the "backlog" in the system as an instrument for indefinitely delaying the payment of benefits.
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