In 2016, David Marshall was asked to provide advice to the Minister of Finance on the development of further initiatives to reduce claims costs and uncertainty in Ontario’s auto insurance system with a focus on improving the efficiency and effectiveness of claims management in the system based on best practices in Ontario and other jurisdictions.
In particular, he was asked to focus on:
Coverage options; Comparable systems; Common traffic injuries; Medical examinations and assessments; Legal costs; Dispute prevention;
Engagement and education; and Evidence-based treatment protocols.
Mr. Marshall’s report laid out 35 recommendations.
In FOLA's 2017 response to the Marshall Report, we questioned whether Mr. Marshall’s conclusions, which derive from a questionable premise, would result in serious and negative unintended consequences and simply force government to act again in a few short years to “fix” another set of problems. In short, our submission recommended that the government shelve this report, let the 2015 and 2016 reforms and changes take root, let the Law Society examination of contingency fees and advertising take hold and continue to monitor the actual cost of claims and look more closely into who is profiting.