In this motor vehicle tort claim, the Defendants refused to schedule a mediation until after the completion of discoveries. The Plaintiff wished to schedule the mediation prior to discoveries so that the action could be set down for trial as soon as possible. At a case conference, Justice Firestone held that the Defendants’ position was inconsistent with section 258.6(2) of the Insurance Act which required a plaintiff and a defendants’ insurer, at the request of either of them, to participate in a mediation. Justice Firestone also held that if a request for mediation was made by either party, the regulations set out how to appoint a mediator and the applicable time limits with respect to same. Justice Firestone concluded that in the motor vehicle context, the effect of these provisions is that once a party requests a mediation, the other party cannot delay until the completion of a specific event in the litigation process.
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