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In a case heard on January 17, 2012. Justice Sloan noted the history of FSCO backlogs and the relevant case law and legislation and he concluded that the failure to have a mediation session within the 60 day time limit was, in effect, a statutory “failure” of the mediation. By deeming an inherent failure of the mediation these matters were ripe to proceed onto a court action.

Case details: Superior Court decision (Cornie v. Security National et al.: 2012 ONSC 905) out of Kitchener

Plaintiffs’ counsel represented four separate plaintiffs who had each been denied accident benefits. He applied for mediation. These matters joined the mediation queue, but the 60 day time period came and went without a mediation being scheduled by FSCO. As a result counsel escalated the dispute resolution process and issued Statements of Claim for the denied benefits. Defence counsel brought a motion to have each of these claims stayed on the basis that they had not first been mediated and therefore the Court had no jurisdiction to entertain the claims.

I found the above information on the Gluckstien and Associates blog
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