C-25.01, r. 1 - Regulation to establish a pilot project on mandatory mediation for the recovery of small claims arising out of consumer contracts

Section 27 Disposition versions

2015-05-15

27. The court may penalize a party’s failure to participate in mandatory mediation as noted by the mediator.

The court may condemn the faulty party to pay the legal costs, namely the court costs, including witness indemnities and allowances and any expert fees, where applicable. The court may also condemn the party to pay damages to the other parties, to compensate any loss and expenditure incurred because of their participation in the mandatory mediation session. Lastly, the court may also, if the faulty party is the creditor, reduce or cancel the interest payable to that party.

Expert fees include the costs related to the drafting of the report and, if applicable, preparing testimony, and remuneration for the time spent testifying and, to the extent useful, attending the trial.

M.O. 2015, s. 27.