For more than two decades, mediation has been mandatory in certain jurisdictions in Ontario for most matters involving estates, trusts, and substitute decisions. Toronto, Ottawa, and the County of Essex are subject to mandatory mediation pursuant to and governed by rule 75.1 of the Rules of Civil Procedure, RRO 1990, O. Reg. 194. The types […]
One of the most common concerns voiced by litigants is how they can recover their costs of the litigation. In Ontario, you do not need to bring a separate claim against the opposing party to recover your legal fees. Rather, at the end of the litigation (or at the end of a particular step of
Litigation is long, expensive, and stressful, and its outcome is never certain. This is why lawyers often encourage their clients to attempt to mediate their legal problems outside the court room. If a mediation is successful, the parties will enter into a settlement agreement which sets out the terms under which the parties agree to
Overview Estate litigation is a long, slow and expensive endeavour. Will challenges, support claims or objections to the appointment of a trustee often drag on for years, and can swallow much of the value of the estate at issue. One way to avoid the cost and delay is through a mediated settlement agreement. The purpose
There are many reasons parties may settle a lawsuit: a settlement mitigates the risks of losing in court, and puts an end to the emotional and financial drain of litigation. If all the parties to the litigation are capable adults, there is no barrier to reaching (and implementing) a settlement: once the settlement agreement is
