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ARTICLE · 08 JUNE 2017

The Timing Of Mandatory Mediations In Toronto Has Changed

As of May 1, 2017, the practice direction regarding the timing of mandatory mediations in Toronto has changed.

CanadaLitigation, Mediation & Arbitration

As of May 1, 2017, the practice direction regarding the timing of mandatory mediations in Toronto has changed.

Mandatory mediations must now be completed prior to an action being set down for trial unless a judge or case management master orders otherwise.  This is a significant change from the past practice direction that only required mandatory mediations to be scheduled before the action could be set down for trial. This change applies to all Toronto files that have not yet been set down for trial.

We anticipate that this change to the practice direction will lead to earlier mediations on Toronto matters. We are already starting to see the impact of this change, in terms of plaintiffs' counsel reaching out earlier than ever to schedule mediations, some even seeking to schedule same at the same time as scheduling discoveries.

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