The Lawyers Weekly - June 18, 2010

THE LAWYERS WEEKLY
June 18, 2010 | 11

DAVID SHARE TORONTO
Where you are dealing with
unfamiliar or difficult counsel,
be careful to ensure that all the
necessary steps are fulfilled, so
you can focus on the merits of
your case rather than trying to
put out procedural fires. Some of
your adversaries will, no doubt,
Mandatory mediation is back
in Toronto, but there is still
uncertainty on whether the new
rules have had any impact so far.
Here are a number of practical
tips for civil litigators to consider
to avoid being trapped in the
bureaucratic snare.

paper to send out such notices, and they will only appoint a mediator when specifically requested to do so by one of the parties. (This is apparently not the case in Ottawa or Windsor, which have similar requirements.) This, of course, won’t prevent a court clerk from

“

Where you are dealing with unfamiliar or difficult
counsel, be careful to ensure that all the necessary
steps are fulfilled, so you can focus on the merits
of your case rather than trying to put out
procedural fires.

try to take advantage of perceived gaps in the rules — as always seems to be the case when new rules are implemented. Special attention should be given to review actions commenced before Jan. 1, as the new rules do apply to these actions and require mediations to be completed by the end of June, unless there has been an extension arranged within the parameters contemplated by the rules.

Another potentially contro-
versial area is the appointment of
roster mediators when no agree-
ment has been reached between
counsel. The new rules state that
if the court does not receive the
required notification, a mediator
will be assigned. However, the
Toronto court office has no
resources to fulfill this require-
ment. In other words, they have
insufficient staff, postage or
rejecting the trial record, as
noted above, should there be
non-compliance with the rules.

David Share is the president
of David Share Associates, Pro-
fessional Corporation, a bou-
tique plaintiff insurance and
personal injury law firm in
North Toronto.

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David I. Bristow Q.C., LSM, LL.B, C.Arb.
Tel: 416-597-3395
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Norman L. Goldman B.A., LL.B.
Tel: 416-597-9922
Email: goldman@gsnh.com
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Tel: 416-597-3388
Email: naftolin@gsnh.com