The plaintiff brought a motion seeking an order for mandatory mediation with the defendant by September 25, 2023.
The defendant opposed, arguing that mediation should be delayed until early 2024 to allow for the completion of outstanding undertakings crucial for a full appreciation of the claim.
The court ordered mediation to take place by October 31, 2023.
However, the court dismissed the plaintiff's request for costs, finding the motion unnecessary given the defendant's reasonable proposals for a slightly later mediation date and the plaintiff's failure to demonstrate prejudice.
The court awarded costs of $500 to the defendant, emphasizing the importance of cooperation, communication, and common sense in civil proceedings.