Should the conduct of a party in mediation be taken into account in setting cost consequences once the dispute has been adjudicated?
An insurer has been “spanked” to the tune of $60,000 by an Ontario Court for failure to participate in a mediation in “any meaningful sense”. The cost decision of Mr. Justice Ramsay in Ross v. Bacchus, 2013 ONSC 7773 (CanLII) creates the occasion to reflect on this important issue.
Briefly, the case facts are that the plaintiff, injured in a motor vehicle...
