The respondent sued the appellants for payment on a mortgage and related guarantees.
The respondent moved for summary judgment before attending a mandatory mediation session under Rule 24.1.
The motion judge granted summary judgment, finding no substantive defence and that mediation would be a needless step.
The appellants appealed, arguing summary judgment could not be granted prior to mediation.
The Court of Appeal dismissed the appeal, holding that a party may obtain summary judgment before a mediation session is held, provided the motion is brought within the timelines stipulated in the Rules for holding a mediation session.
