is to file his submissions within 15 days of the date of these
reasons and the respondent is to file its submissions within ten
days thereafter. No reply submissions are to be filed and each
party’s submissions shall not exceed five pages.
Cioffi v. Modelevich et al.
[Indexed as: Cioffi v. Modelevich]
2018 ONSC 7084
Superior Court of Justice, Spies J. November 22, 2018
Insurance — Automobile insurance — Mediation — Costs — Plaintiff
requesting mediation under Insurance Act — Section 258.6(1) of Act
prevailing over provisions of Rules of Civil Procedure which required
mediator’s costs to be shared equally — Insurer required to pay full costs of
mediation under s. 258.6(1) — Insurance Act, R.S.O. 1990, c. I.8, s. 258.6(1).
The plaintiff in a motor vehicle action requested a mediation under the
Insurance Act. Section 258.6(1) of the Act provides that, where a plaintiff requests
a mediation, the insurer shall pay the full costs. However, as this was a Toronto
action, a mediation was mandatory pursuant to rule 24.1 of the Rules of Civil
Procedure, R.R.O. 1990, Reg. 194, and the costs of the mediator were to be shared
equally. The plaintiff brought a motion for an order that the insurer was required
to pay the full costs of the mediation.
Held, the motion should be granted.
There is a conflict between s. 258.6(1) of the Act and the Rules. The Act prevails
by virtue of rule 1.02, which states that the Rules do not apply if a statute provides
for a different procedure.
Cases referred to
Lakew v. Munro,  O.J. No. 6274, 2014 ONSC 7316 (S.C.J.)
Statutes referred to
Administration of Justice Act, R.S.O. 1990, c. A.6
Insurance Act, R.S.O. 1990, c. I.8, s. 258.6(1)
Rules and regulations referred to
Mediators’ Fees (rule 24.1, Rules of Civil Procedure), O. Reg. 451/98, s. 4(2)
Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rules 1.02, 24.1
MOTION for an order requiring the insurer to pay full costs of
Vadim Kats, for plaintiff.
David Sazant, for defendants Modelevich and Wagenkhecht.