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Patrus v Rosset, [2003] Ont SCJ 47

Facts:

Parties failed to agree on a mediator w/in 30 days. Mediator was assigned but mediation did not take place. All parties were in breach of holding mandatory mediation by r.24.1. Parties did not seek to address this issue.

Ratio:

Mandatory mediation is the parties responsibility – parties must make sure that the mediation happens as required.

Analysis:

*When parties failed to choose a mediator it was their obligation to inquire whether one was assigned and to make arrangements.
*Parties should not be rewarded for not following the rules of the court.
*Counsel should do as much as possible to reduce the time for examinations and discovery.

Holding:

Timetable set for events – both parties breached mandatory mediation


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