Cioffi v. Modelevich et al.

This is a motor vehicle action. The amount in issue is not large but I expect it is important to the defendant insurer. The issue is whether the insurer is required to pay the full cost of a recent mediation or only half of the cost. There is no dispute that s. 258.6(1) of the Insurance Act provides that where a plaintiff requests a mediation, the insurer shall pay the full cost. However, there is also no dispute that as a Toronto action, a mediation is mandatory pursuant to Rule 24.1 of the Rules of Civil Procedure and that the costs of the mediator are to be shared equally pursuant to s. 4(2) of O.Reg. 451/98 made under the Administration of Justice Act.