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

Author(s): L. Craig Brown, Stacey L. Stevens*

September 23, 2011


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 cost-effective 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.

Paper: How to Succeed before the Financial Services Commission of Ontario

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