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Patrus v Rosset, [2003] Ont SCJ 47


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.


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


*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.


Timetable set for events – both parties breached mandatory mediation

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