Mitchell Rose

The Costs of Refusing Mediation

 

June, 2018  (12 minute read):

A recent Ontario Court decision demonstrates why refusing to participate in mediation in a civil proceeding, where mediation is not mandatory, can be expensive in the end. This decision of Mew J. respecting costs followed a seven-day jury trial in Belleville of a (non-MVA) personal injury matter. Liability and damages were in issue. After the jury found that the plaintiff was 25% contributorily negligent, damages were assessed at $212,000 including interest. The plaintiff sought costs on a partial indemnity basis of $269,371 plus tax.  The defendant argued that $150,000 inclusive of HST was appropriate.

In his reasons, the judge considered the various criteria and general principles relevant to the fixing of costs, including that “the usual rule in Read more →

Equal Pay For Equal Work In Ontario Workplaces

Spring brings further changes to provincially-regulated Ontario workplaces. These latest changes arise from last November, when the Legislature passed “Bill 148” (also known as the Fair Workplaces, Better Jobs Act), on which we reported in a recent blog post. However, some parts of the Bill did not take effect immediately.

Starting April 1, 2018, Part XII of the Employment Standards Act, 2000 (“ESA”), has been amended such that no employer shall pay an employee at a rate of pay less than the rate paid to another employee of the employer because of a difference in employment status when, Read more →

Mediation Wildcards!

MEDIATION WILDCARDS!

I am writing this article about the unexpected on Super Bowl Sunday. So, it’s appropriate that I mention legendary 49ers coach Bill Walsh’s famous line: “If you want to sleep at night before the game, have your first 25 plays established in your own mind the night before that. You can walk into the stadium and you can start the game without that stress factor.”

Not surprisingly, many legal professionals are well prepared for mediation – which is laudable – but, suddenly, the unexpected happens: An event or a piece of information is revealed by the other side, the mediator or even by your own client, and you suddenly feel like a sacked quarterback.

Read more →