Mediation required before setting down: Amended GTA Practice Direction Effective May 1, 2017
Effective May 1, 2017 the Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region is amended such that most cases in the GTA will likely require mediation before setting an action down for trial.
See the amendment to para. 57:
57. Court staff will not accept for filing a trial record (ordinary action) or a notice of readiness for pre-trial conference (Simplified Procedure action) unless the party setting the action down for trial files a Certificate that:
a. Form 24.1A (Notice of Name of Mediator and Date of Session) has been filed with the mediation coordinator and the mediation session has taken place;
b. the report by mediator (indicating that the mediation has been concluded) has been filed with the mediation coordinator;
c. an order has been obtained from a judge or case management master exempting the action from mediation; or,
d. an order has been obtained from a judge or case management master extending the deadline for mediation until after the action is set down for trial.
These requirements will apply even where the parties have agreed to postpone a mediation session to a date more than 180 days after the first defence has been filed as permitted by rule 24.1.
LAWPRO encourages lawyers practising in the GTA to take note of these changes and to change their internal ticklers, procedures and systems to deal with these changes.