Q: Want to Schedule a Motion for Summary Judgement in Toronto? A: You Will Get a Date 12 Months From Now :

I just heard from a very reliable source that he finally got a date for a summary judgement motion ( after a failed CPC attendance and 2 Case Conferences) and that date is in early 2024.

A system that was supposed to simplify and speed up straight forward cases has simply failed.

There are two simple solutions to this problem:

1. Take your mandatory mediation seriously. It is definitely your best opportunity to settle the case early and at less cost. I did a study a few years ago and found that of cases that did not settle at mediation, 95% of these cases eventually settled. So, when your mediation seems to be failing and you think, well we are going to a trial, remember that there is a 95% likelihood that it will not go to trial and will settle at some other time. In that case, why not try a little harder to get a deal at the mediation.

2. Use Mediation/ Arbitration ( MedArb) instead of litigation. Why keep using a failed litigation system? It is usually ( not always ) in the interests of both parties to get a resolution quickly and at the least cost. Med/Arb can be a useful alternative for the following reasons :

a) You get to choose your own judge.
b) You can contract out of the right to appeal.
c) You set the schedule, not some court clerk or judge.
d) The mediation will have a much higher likelihood of achieving a settlement.
e) Procedural matters and case management issues can be resolved promptly with a joint phone call or a ZOOM meeting.
f) Although you have to pay the Arbitrator’s fees, the actual hearing, if there is one, is usually much shorter than a trial. Moreover, the parties can agree that the winner pays the whole cost of the Arbitrator.

If you like to book either a mediation or an arbitration, go to my calendar at www.barryfisher.ca or call me at 416 999 3785.