Campisi: mediation backlog not necessarily a bad thing

Mar 14, 2012

Toronto personal injury lawyer Joseph Campisi says that a report handed down from the Financial Services Commission of Ontario requesting lawyers to solve their mediation and/or arbitration backlog is not necessarily a bad thing.

FSCO says this is the result of an increase in the amount of applications that they receive, and Campisi agrees. “If you look at the volume of applications filed in the recent annual reports published by the Superintendant of Insurance, you will see an increase in the number of applications being filed with FSCO each year,” says Campisi, a partner at Carranza LLP. “In my doctoral thesis, I looked at the efficiency and sufficiency of motor vehicle accident compensation. I found that there are real issues associated with delivering meaningful accident benefits compensation.”

The FSCO has released a request for proposal that will help lawyers solve their mediation and arbitration backlog problem. “The process used to take a few months, from the time an application for mediation was filed to the time a mediation was held,” says Campisi. “Now, you’re looking at a 10 to 12 month wait period to secure a mediation date. FSCO is looking to hire assistance to eat through the backlog and shorten the delay.

Campisi says Caranza LLP, has a plan in place to eliminate the current wait time. “We have applied for mediation early and we have followed up with FSCO to secure early dates,” he says. “Some firms have filed statements of claim in the Superior Court to by-pass this delay. I have preferred to avoid this because even though the delay in conducting a mediation is resolved, proceeding by way of action is more expensive and a litigant will encounter delays in moving their claim through the production and discovery phase of the litigation, not to mention the delay in securing a trial date.”

What this means for Caranza clients is “a shorter wait time for a mediation to be conducted,” says Campisi. “The quicker a mediation is held, the earlier the prospects for resolving issues in dispute. If this is not possible, at least my clients can move forward and apply for arbitration once the statutory requirement of mediation is met.”

Says Campisi: “A claimant cannot apply for arbitration or issue a statement of claim until a mediation is conducted. If the mediator fails the mediation, I can now move the claim forward through the arbitration or court process.”

get answers now

did you know?

There are more than 21 million licensed drivers in Canada and 26 million registered vehicles (cars, trucks, motorcycles, buses, etc.).

Source: Transport Canada

Car Accident Timelines

You have 10 business days to provide the insurance company information after it requests, or it can suspend or deny your benefits.

  • 7


    You must inform the Accident Benefits insurance company of the accident and that you were hurt. MORE

  • 30


    You must complete and send the Accident Benefits application within 30 days of it being provided to you by the insurance company. MORE

  • 120


    You need to give written notice of your intention to sue the at-fault parties. MORE

  • 2


    To commence a lawsuit against an at-fault driver or your own insurance company if your benefits are denied. MORE


All of the information on this site has been provided by Carranza LLP, Canada’s first ISO 9001:2008 certified personal injury law firm.

1280 Finch Ave. West, Suite 200

Toronto, Ontario Canada

M3J 3K6

T: 1-877-633-1065

F: 416-633-9782

To reach us by email please contact

Disclaimer: This website is meant as a general reference for injured persons and their families. The medical and legal information contained in this manual is not intended to offer legal or medical advice. The content of this website is for informational and educational purposes only and is not intended as a substitute for the professional judgment of a legal and/or healthcare professional, and you should not rely upon any material or statements made on this website for legal or medical advice. It is not intended to create a solicitor-client relationship. It is recommended that you review any medical information carefully with your doctor or healthcare professional before making any decisions regarding your health or recommended medical treatment. While reasonable attempts have been made to ensure the accuracy of the information on this website, our firm cannot make express or implied representations or warranties about the accuracy or completeness of the information. Each person's legal needs are unique, and these materials may not be applicable to your legal situation. Please contact an Ontario Personal Injury lawyer for a consultation on your particular personal injury matter.

Legal Marketing | Cubicle Fugitive