Purpose To reduce cost and delay in litigation and facilitate the early and fair resolution of disputes.

Cases Affected

Case managed actions in Toronto, Ottawa and Windsor.

Actions Exempt From Mandatory Mediation

Where Rule 75.1 applies – mandatory mediations in Estates, Trusts and Substitute Decisions.  

Certain matters already the subject of a mediation under the Ontario Insurance Act.

Commercial List actions in Toronto.  

Mortgage actions.

Actions under the Ontario Construction Lien Act, except trust claims.  

Actions under the Federal Bankruptcy and Insolvency Act.

Actions certified as class proceedings under the Ontario Class Proceedings Act, 1992.

Timing

Mediation must take place within 180 days of the filing of the first statement of defence. The parties may extend the time for mediation on consent, or by Court order following a motion.

Before an action can be set down for trial, the parties must notify the mediation co-ordinator that either a mediation has been held, or that it is scheduled to be held on a specified date with a specific mediator.

Choice of Mediator

The parties are free to select a mediator of their choice; if not, the Court’s mediation coordinator will appoint one.

Attendance at Mediation

The parties are expected to attend. If the party is insured, a representative of the insurer is required to attend, and the insured need not attend.

Confidentiality

All communications at a mediation and the mediator’s notes and records are deemed to be without prejudice settlement discussions.