The Ontario Broker December 2014 by Annex Business Media

DECEMBER 2014

THE GIFT IN GIVING

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ASSOCIATION NEWS TERRITORY UPDATE EDUCATION UPDATE YBC UPDATE SENSE OF COMMUNITY TECHNOLOGY UPDATE CULTURE IN THE WORKPLACE LEGAL MATTERS COMMUNITY VIEW

“THE COMMUNITY ISSUE”

The official publication of the Insurance Brokers Association of Ontario (IBAO)

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ASSOCIATION NEWS The Official Publication of the Insurance Brokers Association of Ontario (IBAO) Published by

Community is Strategy

Editor Angela Stelmakowich astelmakowich@canadianunderwriter.ca

Senior Publisher Steve Wilson steve@canadianunderwriter.ca

416-510-6800 Associate Publisher Paul Aquino paul@canadianunderwriter.ca

Account Manager Michael Wells mike@canadianunderwriter.ca

christine@canadianunderwriter.ca

Account Manager Elliot Ford eford@canadianunderwriter.ca The Ontario Broker is published monthly by Canadian Underwriter magazine (www.canadianunderwriter.ca). Canadian Underwriter’s Insurance Group of publications is part of Business Information Group (www.businessinformationgroup.ca), a subsidiary of Glacier Media Inc., a leading Canadian information company with interests in daily and community newspapers and business-to-business information services. All rights reserved. Printed in Canada. The contents of this publication may not be reproduced or transmitted in any form, either in part or in full, including photocopying and recording, without the written consent of the copyright owner. Nor may any part of this publication be stored in a retrieval system of any nature without prior written consent. The articles that appear in this publication represent the opinions of the authors and do not represent or embody any official position of, or statement by, IBAO; nor do they attempt to set forth definitive action standards or to provide legal advice.

Insurance Brokers Association of Ontario 1 Eglinton Avenue East, Suite 700 Toronto, Ontario M4P 3A1 Tel: (416) 488-7422 Fax: (416) 488-7526 Toll Free: (800) 268-8845 (888) ASK-IBAO www.ibao.org Annual subscription is $52 + tax. To order email: contact@ibao.on.ca For information on submitting an article, contact Ashley Hunking Marketing Coordinator ahunking@ibao.on.ca

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and as an association. We look forward to seeing more of the ways you get involved in 2015.

Close-knit community

416-510-6793

Account Manager Christine Giovis

those members who have shared their photos and stories with the IBAO.

Brett Broadway Director of Broker Relations and Communications IBAO We have been enjoying looking at the photos and hearing the stories of the many ways brokers got involved in their communities in 2014. In this issue of The Ontario Broker, we share these photos and celebrate the efforts and goodwill of our peers. ’Tis the festive season of giving back, and we are proud to showcase a small handful of the ways brokers continuously sprinkle generosity in their communities throughout the year. Cheers to those in brokerage offices who stand up for causes that move them, organize ways to support those 1 who 11-05-18 12:10 PMand put need them, brokerages on a platform demonstrating that they are about more than just insurance. And, of course, an extra big thanks to

As I reflect on the ways brokerages are involved in their communities, I am moved by the idea that our association is also a community. From our perspective at the IBAO, we are in the community business — building networks that link and support those who we represent. From an association leadership perspective, community is strategy. The American Society of Association Executives notes the following: “Because associations are voluntary, geographically distributed organizations, a sense of community or ‘stickiness’ among members is critical to your long-term vitality.” IBAO members feel a sense of belonging, and a shared sense of relatedness. There is a strong emotional connection among all of you. A shared set of experiences and history, there is a “one of us” mentality among you, and friendships abound. Beyond friendship, there is also evidence that we use these shared experiences by working together towards a set of common goals. Giving and getting help. These are the fundamentals of any community. Community is strategy — both in your brokerage,

Accomplishments from 2014

Here are a few of the initiatives that began in 2014 and will continue to grow in 2015. • launching three telematics offerings: ingenie, a behaviour-based driving program tailored to 16- to 24-year-olds; a broad solution for all ages; and a commercial solution tailored to fleet managers; • strong political advocacy efforts, dominated by the government’s 15% rate reduction targets; • ongoing communication with insurers and their adoption of our consent language with respect to credit; • growing our Young Brokers Council, demonstrated by the 35% attendance increase at this year’s YBC conference, and enhanced engagement and participation; • moving technology forward by hosting collaboration and innovation discussions with all broker management system vendors; • moving IBAO education into the digital space, offering customizable courses and new formats that support flexibility in the workplace; and • presenting a fresh brand to the association to signify our focus on member engagement, forward-thinking and renewed energy.

December 2014 / THE ONTARIO BROKER

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Thank you for collaborating with us to help achieve our goals. Thank you for sharing your thoughts and opinions. We listen, we take it seriously and we strive to carry the message forward. We will continue to be responsive to your concerns, act as your single voice and protect your interests. The Ontario Broker magazine readership community

As we’ve heard time and time again in 2014, we all need to “Get Ready For Tomorrow, Today.” Chris Floyd’s message is pertinent not only in your brokerage office, but also internally at the IBAO. As we know, getting ready means being willing to adapt in this ever-changing industry and world. I would like to take this opportunity to let all of our readers know that The Ontario Broker magazine is moving to a bimonthly publication, effective 2015. After careful review of our content distribution, cost analysis and partnerships, we have determined that a magazine with less frequency, but richer content, is the best way to serve our members. Industry news will still be communicated frequently electronically, either by email, social media, our website or our blog — and our magazine will be used to take a deeper dive, bimonthly, discussing the issues impacting our membership and the people in our community. Thank you to Canadian Underwriter, which has been our media partner on the magazine for more than five years. Thank you for being the integral media source for our industry and for your continued commitment to the veracity of insurance reporting.

Cheers to those in brokerage offices who stand up for causes that move them, organize ways to support those who need them, and put brokerages on a platform demonstrating that they are about more than just insurance.

Merry Christmas, from IBAO staff

And finally, on behalf of all of the staff at IBAO, we send warm holiday greetings to all of our members. There’s just “something about brokers” that we love. Happy holidays to you and yours. We look forward to helping you #ownit in 2015. December 2014 / THE ONTARIO BROKER

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TERRITORY UPDATE Brenda Duffy Director Territory 12 IBAO

Calling Volunteers!

A volunteer: a giver, a helper, an unpaid worker, an adviser, an informer, a candy striper! Anyone involved in any volunteer organization can appreciate the extent of the extra hours of commitment to plan, coordinate and attend events. Life is busy and full of multi-tasking, juggling work and family, and volunteering for local insurance broker affiliates and, in some cases, local charitable organizations. Extraordinary people!!! I ask myself why people volunteer. Consider the following responses: “I have always enjoyed being on the LGIBA board and when I wasn’t, I actually missed it! It’s great to be part of a team, especially a volunteer team because we are all in it because we want to be, not because we ‘have’ to be. Professionally for me, it’s an investment in my future. I want to see the broker channel continue to succeed. Industry knowledge, sharing ideas with like-minded people, networking and professional growth are all great things I get back from being part of the board.” — Tracey Young, Prescott “IBTR is very active with community giving. Members believe that it is imperative to help those less fortunate in the areas that we live and work in. The gratitude on the faces of the recipients is very heart-warming and makes us all proud to be a broker and part of IBTR.” — Wendy DaSilva, Toronto “Three benefits of being an engaged member of your local affiliate are: a) being more knowledgeable about the insurance industry at a provincial level. Even with all the information that IBAO sends its members, there is nothing like 4

sitting on the local affiliate board to increase your knowledge. As the adage goes, “knowledge is power.” b) the feeling of supporting IBAO that works tirelessly on behalf of all brokers. c) fostering a strong working relationship with local brokers.” — Mary Rae Knapp, Brockville Territory 12 is made up of three affiliates: Stormont Dundas, Leeds and Grenville, and Kingston. Affiliates are the grassroots of the IBAO and each one has a special niche. While Territory 12 does not have the dense population of other urban territories, it has plenty of heart! Our industry challenges are mainly the same, but different! I have had the opportunity to be a part of the Kingston and Leeds Grenville executive teams for years. Some of my special memories of events relate to past community awareness days. During a photo-op of a presentation of Bip blankets to child services, I could hardly keep it together after being shown the little back-pack of items that each child receives when leaving their homes. There was also the time I attended a RIDE program, but did not hand out any swag because the driver did not pass! And then there is the fostering of relationship days with our industry stakeholders, known as “charity golf tournaments” and CE days. Working on behalf of the consumer

All three affiliates have a strong working relationship with their local MPPs and MPs. I have been told by an MPP that the IBAO is one of the most respected provincial lobbyist organizations. I stand in awe of member brokers who are working on obtaining their CAIB designation and unrestricted licensing. Many have young children at home and family commitments as well as work. I would shake my head and think, “How do they do that?” I have witnessed the extraordinary dedication of our IBAO executive over the past four years taking time from their families and their businesses to

Our industry is ever-evolving at this time, and members are eager for communication and updates. Brokers appreciate the hard-working efforts of IBAO staff and board members with regard to their creativity in engaging members. strengthen our provincial association. These professionals spend a great deal of their personal time lobbying governments on behalf of the consumer, educating and maintaining relationships with our brokers, and building relationships with all industry stakeholders. I would like to thank their families for their understanding and support. I can see that IBAO staff is working hard to reach our strategic plan goals! Changes are fresh and informative. Our industry is ever-evolving at this time, and members are eager for communication and updates. Brokers appreciate the hard-working efforts of IBAO staff and board members with regard to their creativity in engaging members. I have had the luxury of being involved in the grassroots committees of the independent broker associations at the provincial and affiliate levels, seeing first-hand the commitment of professional men and women for the past 10 years. I have been fortunate to establish life-long friendships. As I finish my term as Territory 12 Director, I would like to thank IBAO staff, executive and directors — both past and present —for their mentorship to all members of our association. My term as a Director has been a life-long, confidence-building and valuable experience. Now I move on to my other local charity volunteering. Our communities give so much to us as individuals and it is a pleasure to give back. It just feels good!

December 2014 / THE ONTARIO BROKER

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OntarioBro

EDUCATION UPDATE Lola Thake Director of Education IBAO

Part of the Community

took our program at IBAO. We are very proud of this accomplishment. In 2015, we will continue to offer our basic broker course in classroom, online and in self-study formats, but we are also planning to offer our orientation program online (instead of in class) to meet the needs of colleges, territory distances and anyone thinking of entering the industry. The national programs pillar is where we administer all of our IBAC programs and designations. We had 121 CAIB graduates in the 20132014 year, and are now ready to move forward with the 2015 semesters. One significant change for 2015 is also offering CAIB immersion sessions over the weekend — we’re going to test it out and see how it works. In keeping with the technology “push,” we will continue to offer online group discussions (a great way to study the material and then test your knowledge in a group webinar format); self-study; and local brokerage discussion groups (contact us for more details). Our continuing education pillar allows us to use our creativity in offering what matters most to our membership. In 2014, we learned a tough lesson in managing the lack of attendance in our classroom offerings. Realizing this format is no longer the

You’re probably asking yourself, “What do community and education have in common?” I would answer that question with the word, “plenty!” For IBAO’s education department, 2014 has been a year of realization that we can do so much more to keep education close to you and your communities. While we have worked hard at meeting the needs of the membership, our focus has turned to planning for professional development needs in 2015. That said, our three pillars remain the same. The licensing pillar where we offer RIBO Level I & II continues to significantly contribute to the thousands of new brokers entering the industry. Year over year, we increase our market share of those who challenge the exam. This year, 39% of the overall number of students writing the Level 1 exam

best option for most of our programs, in 2015 you will see a shift in using technology more effectively. We will be offering more webinars and using our e-learning platform better. We are working towards offering e-learning as a member service, not a paid offering. We will continue to work with our partners (insurers, affinity groups, industry experts, subject matter experts, etc.) to design, develop and host relevant, engaging and accredited e-learning (self-paced) programs that become a “free” member service. The plan, commitment and support we have for this business model can only set everyone up for success, so stay tuned!!! We will also work closely with IBAO affiliates and ask brokerages to challenge themselves and offer professional and personal development within their offices. We will work with the affiliates to ensure members get the professional development they value, as well as customized brokerage education. This message is to you, the principal owner. If you have an education need or are not seeing the behaviour you want, pick up the phone and call me. Together, we can build the right program to offer exclusively to your staff. 2015 will be busy, but the more feedback we receive from you, the better we can execute on our plans.

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December 2014 / THE ONTARIO BROKER

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YBC UPDATE Dwayne Gagne President-Elect YBC

Volunteer to Help... and to be Seen Community: That’s a word that brokers, as a channel, own, and really describes one of the biggest things that sets us apart from all others. We are all active members of our communities; every office I have ever talked to has staff volunteering in the community for everything from Toys for Tots to Victim Services. I was fortunate enough to be part of the YBC project a few years ago called, “The Brokerage of the Future.” We were asked to take a look at both how brokerages have been successful in the past, and how to keep them competitive in the future. A big part of what prompted the project was the way that insurance providers across the border are evolving to really capitalize on community involvement to draw in clientele. When YBC examined the broker channel and what it needs, we became aware of the need to leverage the strength of our community involvement.

Customers have told us unequivocally that when they see us volunteering in the same organizations for which they volunteer, that is one of the things that make them want to work with our channel. It also helps keep customers in the channel despite pressures from other providers. It’s simple: We care about what they care about. But that is not enough to keep us growing. We need more. There is a well-known insurance service provider across the border that took that community involvement piece and moved it to a whole new level. The provider is transforming its offices to be so much more than an insurance office; it has become a lifestyle hub. As we looked at that example, we realized it would be easy to make a few tiny changes and take ourselves to that level and not even break a sweat — because it’s not that we don’t do it, and do it well. We just need to be seen doing it, and get creative in raising the value proposition to everyone who needs to see it. There are plenty of no- and low-cost community involvement ideas we came up with that I thought would be great to share with everyone, such as turning the brokers office into a community meeting place for things like running groups, driver training courses and boat safety courses. Offering boardrooms for meetings of

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community organizations (Kinsmen, Optimists) or offering space to MPPs during elections — like the one coming up next year. Partner with and/or provide a space to a yoga instructor if he or she offers a once-a-month free class for your clients in exchange. This is a symbiotic relationship whereby the yoga instructor gains more exposure, and, yet again, enhances how brokers are seen as being involved in community. As a brokerage, you could offer community education for everyone — not just existing clients — such as Insurance 101 financial planning seminars, life coaching, real estate, estate planning or wills, drivers training courses and boat safety courses. Host/sponsor community events that are teen- or youth-focused to establish the value proposition that will help attract them to the broker channel (for example, Heart & Stroke Jump Rope for Heart) or multicultural celebration events (say, Chinese New Year) to market towards immigrants to Canada. Brokers need to continue to be seen as being involved in industry initiatives like OSAID and MADD, and lobbying for fraud prevention in our industry. That includes publishing the work we do lobbying for consumer interest with government in more than just our industry publications. Again, it needs to be more than just a picture in the paper with a big cheque. It needs to be seen on both social media and traditional media. It needs to be seen as more than money... just like insurance is more than just premiums. All of these things are easy ways to get people to associate an insurance broker’s office with more than just the place they buy insurance. We need to evolve to be that hub of a community that touches all aspects of a person’s life. We can become resources for more than just their insurance needs; we can become indispensable for all aspects of their lives. Not to mention that we will also draw new potential clients into the picture. And, of course, with the low cost of investment, it makes for a happy bottom line as well.

08 December 2014 / THE ONTARIO BROKER

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SENSE OF COMMUNITY Each year, IBAO purchases magenta Bipper blankets for our Awareness Day program. This allows brokers to donate the blankets to causes about which they are truly passionate. We are always touched by the stories our brokers share with us. We know that not only do their efforts have a positive impact on their respective communities, they are also having a blast! To us, that is what makes the broker channel unique: we are people; we have a face, and big hearts! These small acts of kindness go a long way, and IBAO is here to support your generosity!

Insurance Brokers Association of Brant’s annual Charity Golf Classic raised $12,000 for Stedman Community Hospice.

Meester Insurance Centre raised a total of $1,000 for Community Living, which plans to use the funds to buy equipment for its Sensory Therapy Room. In addition, blankets were donated to Community Living group homes. Left to right: Brian Vanderhout, owner of Meester Insurance Centre, presents a cheque and blankets to Deb Grieve-Knight, coordinator of Community Living.

Kemptville Insurance Brokers Ltd. proudly took part in the North Grenville Fire Service’s Fire Prevention Open House, held October 9 in Kemptville, Ontario. As part of the Insurance Brokers Association of Ontario’s Awareness Day initiative, the brokerage was able to offer Bipper blankets to residents who attended the Open House at the fire station, as well as to donate 50 blankets to the Cheryl Brown Centre. Left to right: Samantha, Izabelle, Julia, Linda, Krystal, Trish, Elsa, Kristen K., Sandy, Kristen, Deanna and Michelle.

The Insurance Brokers Association of Brant County’s Charity Golf Classic proved better than par, raising $15,000 for the Arnold Anderson Sports Fund. Left to right: Brent Gordon, Arnold Anderson Sports Fund; Nada Askic, Winmar; Jack Ronson, Crawford & Company; Nancy Thompson, Neziol Insurance; and Gloria Keene, Brant Mutual.

10 December 2014 / THE ONTARIO BROKER

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Stefan Bjelis (far left) of Vasey Insurance Brokers Ltd. recently accepted an invitation to speak to students in a Grade 10 Careers Class at Haliburton Highlands Secondary School. Bjelis shared how he became an insurance broker, what a broker is and what a broker does. He then fielded plenty of questions from the students. Left to right: Stefan Bjelis of Vasey Insurance Brokers and members of the Grade 10 Career Class.

On November 12, the Woodstock Branch of Cowan Insurance Group and IBAO donated 160 magenta blankets to three local service organizations: Operation Sharing’s Inn Out of the Cold, Children’s Aid Society (CAS) of Oxford County and Ingamo Homes. Left to right (back row): Miranda Sim, Melanie Jaques, Tina Pacheco, Diana Fonger, all from Cowan Insurance, and Danielle Graham, CAS. Left to right (front row): Denise Tew, Amy Landy and Laura Wilson, all from CAS.

The team at Jones-Dooley Insurance was once again in the giving mood this past Thanksgiving, donating numerous gifts to HERizon House. Donations included 80 Bipper blankets, $200 in gift cards and an assortment of other gifts on HERizon’s wish list. Left to right: Vanessa, HERizon House, and Linda, Peter and Marsha of Jones-Dooley Insurance.

The co-owners of Haldimand Insurance Brokers Ltd. dropped off 50 Bipper blankets at the Caledonia and District Food Bank (CDFB). The blankets will be included in Christmas hampers. Left to right: Dennis Howden and Heather Hibbs, co-owners of Haldimand Insurance Brokers, and Anne Domjan, CDFB.

Gidley & Associates Insurance Brokers Ltd. sponsored a class at the “Pink Ribbon Ride North,” raising $3,000 for “Wheels of Hope.” The service ensures that cancer patients have transportation to and from treatments in Barrie, Newmarket and Toronto. Left to right: Samantha McTaggart with Serendipity (the horse), Camden Ramer, and Shelby and Alley McLachlan.

Staeblers and Josselin took part in the “Feed the Minds of Youth” day on November 5 at the Ontario Mutual Farmers Association. Organized by the Insurance Institute to promote careers in insurance, the event coincided with take your child to work day. Above: Mary Riberty and brokers from Staeblers and Josselin.

December 2014 / THE ONTARIO BROKER

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TECHNOLOGY UPDATE Catherine Smola President & Chief Executive Officer CSIO

A Proposal from CSIO — Let’s Get Engaged At broker conventions across Canada this year, engagement was the underlying message behind virtually every seminar, keynote address, CEO panel and trade show. As such, brokers may be excused for feeling pulled in several directions at once — engage with technology!

Engage with social media! Engage with the industry! Read our emails! And, of course, engage with customers as often as possible. At CSIO, we know that industry engagement only strengthens the broker channel — after all, it was through a combination of interactions, including seminars, working groups and industry events, that the eDocs standard was developed. Great ideas simply don’t develop without meaningful engagement. If engagement drives channel-wide progress and innovation, then what is the best way to achieve it? The ability to initiate conversations and debates without scheduling a conference call or attending a convention is crucial, despite obstacles such as geographic distance and time constraints. What the broker channel needs is a central venue to connect its members regardless of time or place.

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Enter CSIO eXchange

Launched in the fall, CSIO eXchange is an online forum and message board whose express purpose is to facilitate collaboration, conversation and engagement among all CSIO members. On the eXchange, members can post messages and check replies on their schedule, making engagement flexible and convenient. Access is included with your CSIO.com login credentials — and participants may post on any topic related to business operations in the broker channel. There is immense value in coming together to “talk shop,” sharing knowledge and learning from each other’s experience. • Curious about eSignatures? Post your questions and hear from brokers who already use them. • Have you implemented a new procedure to save time and operating costs? Share it so the channel as a whole can grow more competitive. • Have a workflow pain point? See what the community has to say. By raising and discussing issues together, we inspire solutions and develop strategies that meet all members’ needs. Events and conventions are often where conversations begin; CSIO eXchange is where members come to keep the conversation going. Why eXchange?

Published annually in July by Canadian Underwriter magazine and distributed to more than 13,000 subscribers nationally, the extremely popular Insurance Marketer is referenced daily by brokers across Canada. Fully searchable online at InsuranceMarketer.com, the Insurance Marketer is The Year-Round Source to assist brokers in finding a market for even the most unique risk!

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Though comprised of thousands of companies, the broker channel often experiences market trends as one entity — market share lost to direct writers being just one example. By the same token, when the channel moves forward collectively, it can set new trends and improve its competitiveness for all members. Engagement and collaboration are two of the most powerful tools in driving transformation on a grand scale. CSIO eXchange is your industry forum to share, ask, learn and grow. Visit CSIO.com/csio-exchange to join the conversation. IBAO members are automatically CSIO members, and can sign up for eXchange, mailing lists and industry forms at CSIO.com/request-access.

12 December 2014 / THE ONTARIO BROKER

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CULTURE IN THE WORKPLACE Diane Aires Human Resources Manager ENGAGE HR

they are, why they exist, and what they strive to become. For employees, the MVV demonstrates “what it means to be one of us.” Team sports leverages this identity concept to the fullest. Sense of belonging

Building an Internal Sense of Community Com`mu´ni`ty — also known as “a social unit of any size that shares common values.” The word derives from the latin word, “communus,” which means things held in common — a broad term for fellowship. When I think about that word in relation to the workplace, it really does embody everything we do (or should do) in organizations, involving people. As an organization embarks on a strategic plan, it sets out by developing or confirming its Mission, Vision and Core Values (MVV). Together, the MVV serves as the foundation upon which all business systems are built — corporate objectives, budgets, performance management systems, compensation and rewards systems, and basic policies and procedures. The MVV serves to clarify and remind everyone, including those who work for the organization, who

Humans are social beings, with very basic needs. The need to feel like we belong is one of them. This concept was popularized back in the 1940s with scientist Abraham Maslow’s famous theory, Hierarchy of Needs, that illustrates a pyramid to explain his theory on how humans are motivated. The most basic needs, Maslow suggests, are (in priority order): physiological, safety, love and belongingness, esteem and self-actualization. More recent science points to three universal psychological needs — autonomy, relatedness and competence. Relatedness is the very important need for people to care for, and be cared for by others, to feel connected to others, and to feel that they are contributing to a greater purpose. Leaders have a great opportunity to help people derive meaning from their work. Sometimes that opportunity is missed because organizational values are either not defined, and are not “real” to people. In other words, there has been no connection made between organizational values and individual values and aspirations. To deepen the sense of community

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Knowing the values of people before bringing them aboard will help you know whether or not those people are a good fit for your organization. Connecting them to a higher, noble purpose once they are aboard will help sustain a longer, mutually enriching partnership. and belonging within organizations, it is highly worthwhile to have people think about and actually iterate their own values at work, and then help them align those values with business goals. Knowing the values of people before bringing them aboard will help you know whether or not those people are a good fit for your organization. Connecting them to a higher, noble purpose once they are aboard will help sustain a longer, mutually enriching partnership. Reflecting diversity

Our workplaces reflect the diverse world in which we live. Within our organizational communities, we work together with people of different ages, different racial and religious backgrounds, different customs and different individual values, aspirations and motivations. Organizations need a clearly articulated Mission, a compelling Vision and Values that employees can embrace, in rallying around a common purpose. Once this crucial articulation and connection is made, wearing that team jersey has much more meaning — and the internal community takes on a distinct identity in the eyes of the external community as well. Our mission is to enable your mission! Take advantage of your complimentary, one-hour-per-month IBAO member benefit by reaching out to ENGAGE HR’s Advantage Helpdesk at 905.306.8111, Ext. 240, or email me directly at diane@engagehr.com.

14 December 2014 / THE ONTARIO BROKER

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LEGAL MATTERS Ian H. Gold Founding Partner Thomas Gold Pettingill LLP

A Wynne(ing) Plan: Bill 15 In November, the Wynne government followed through with its promise to lower automobile insurance premiums for Ontarians by passing the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 (also known as Bill 15). Bill 15 makes changes to a number of statutes with the aim to regulate tow truck and storage services and commercial motor vehicles, as well as the licensing of insurance agents and adjusters. The changes garnering the most attention are those made to the Insurance Act, which make both procedural and substantive improvements to the way accident benefits and bodily injury claims are governed. The first important change is to pre-judgment interest on non-pecuniary damage claims. Currently, insurers are

forced to pay 5% interest on all nonpecuniary damages in motor vehicle claims (that rate was set in June 1990, when interest rates were much higher). Bill 15 eliminates this punitive rate of interest, and instead sets interest rates at the same level as all other damages — currently 1.3%. The interest rate will change quarterly with prevailing market rates, and will eliminate the incentive for claimants and their lawyers to delay the settlement of claims. The change strikes a good balance by lowering the cost of settlements, while still ensuring fairness to deserving claimants. The second important change is the new rules governing the dispute and resolution of accident benefits claims. Currently, the Financial Services Commission of Ontario is tasked with adjudicating accident benefits claims; however, claimants may also pursue accident benefits claims at the Superior Court of Justice. As anyone adjusting or claiming accident benefits knows, the timelines for resolving these disputes can be quite lengthy — most cases take years to ultimately resolve. Lengthy timelines end up increasing adjusting costs for insurers, and increasing legal costs to both insurers and claimants. Lengthy timelines also hinder the pur-

pose of accident benefits, that is, access to timely treatment for policyholders injured in motor vehicle accidents. Bill 15 requires that all accident benefits disputes be adjudicated and resolved by the Licence Appeal Tribunal. Bill 15 also removes accident benefits from the jurisdiction of the Superior Court, though parties will be permitted to appeal decisions of the tribunal to the Divisional Court on errors of law. This change does not “take away a claimant’s right to sue,” as some interest groups have alleged; it merely follows the modern trend of moving particular legal disputes to bodies that have expertise in dealing with them in a timely and specialized manner (consider, for example, labour disputes or human rights disputes). It is anticipated that accident benefits claims will be heard and decided within six months at the tribunal, and will cost less to adjudicate for all parties involved (administrative fees will also be lower as members of the tribunal are paid on a per diem basis, meaning they are only paid for days that they are resolving cases). These changes are good for all Ontarians, and will ultimately lead to lower litigation costs and timelines for claimants and insurers, and, therefore, lower premiums for policyholders.

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16 December 2014 / THE ONTARIO BROKER

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In November 2014, IBAO once again partnered with the Ontario Minor Hockey Association and the Northern Ontario Hockey Association in the Goalie Assist Program, donating 55 sets of goalie equipment to players aged five to seven who were interested in trying the position. In addition, IBAO provided minor hockey associations with goaltending resources to aid coaches. Left: Some of those lucky recipients.

Above: It’s all smiles for youngsters (and some adults, too) with the Hanover Hockey Association, who were provided with kits thanks to Miller Insurance.

Above: Players with the Fort Henry Heights Minor Hockey Association strike a pose, proudly displaying kits received thanks to the Ajax Hockey Association.

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The Osprey Hockey Association is the happy recipient of a kit presented by Secure Insurance.

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18 December 2014 / THE ONTARIO BROKER

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