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 →
This is the first of a three-part series in which I share practical tips based on my experience as a mediator and mediation lawyer (a.k.a. Settlement Counsel) in different practice areas. We begin with the most common of non-unionized workplace disputes: Wrongful Dismissal. However, much of what follows is relevant to other labour and employment disputes (including discrimination and harassment). I revisit common approaches many of us “employ” to better maximize settlement prospects at mediation. Read more →