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Motion for leave to appeal dismissed with costs of $5,000.
The moving party brought a motion for leave to appeal the order of Hilliard J. dated August 22, 2023.
The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the responding party.
The court ordered the parties to mandatory mediation and deferred the defendants' cross-motion to stay the action for unpaid costs.
The plaintiff brought a motion to compel the defendants to attend mediation, while the defendants brought a cross-motion to dismiss or stay the action due to the plaintiff's failure to pay a prior costs order of $24,805.22.
The court considered the mandatory mediation provisions under Rule 24.1 of the Rules of Civil Procedure and the discretion to dismiss or stay an action for unpaid costs under Rules 57.03(2) and 60.12.
Balancing the competing interests, including the plaintiff's access to justice, her alleged impecuniosity, the defendants' concession that some monies were owed to the plaintiff, and the ex-husband's (also a defendant) outstanding costs in a related family law proceeding, the court ordered the action to continue for the sole purpose of compelling the parties to attend mediation.
The issue of all outstanding costs was directed to be addressed at mediation, and the decision on the defendants' cross-motion was deferred until after mediation, if unsuccessful.
