How to Succeed before the Financial Services Commission of Ontario: Practice Tips from Mediation to Arbitration – The Insured’s Perspective

Appearing before the Financial Services Commission (FSCO) presents counsel with the unique opportunity of litigating a case from start to finish within a world where alternative dispute resolution prevails over going to trial. Although similarities exist between FSCO and the Superior Court, proceeding by way of Arbitration is a stream-lined and costeffective process that is primarily governed by the Dispute Resolution Code rather than the Rules of Civil Procedure1 , where Arbitrators are not bound by stare decisis and have more flexibility to decide the matter on a case by case basis. The purpose of this paper is to provide counsel with practice tips for succeeding at FSCO from Mediation to Arbitration and all points in between.

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