A new motion decision of Justice Firestone could have wide
ranging ramifications in terms of the timing of when mediations are
typically scheduled.
In Thomson v. Portelance et al., in an effort to be in
a position to set their action down for trial early, the Plaintiffs
sought to schedule a mediation, pursuant to s. 258.6(1) of the
Insurance Act, prior to completion of discoveries.
The Defendants resisted this request.
Section 258.6(1) of the Act is a "lesser known"
provision providing for mandatory mediation in automobile cases,
which states as follows: A person making a claim for loss or
damage from bodily injury or death arising directly or indirectly
from the use or operation of an automobile and an insurer that is
defending an action in respect to the claim on behalf of an insured
or that receives a notice under clause 258.3(1)(b) in respect of
the claim shall, on the request of either of them,
participate in the mediation of the claim in accordance with
