I disagree. The mediator is entitled to be paid now so it is
only fair that who should pay be determined now.
 For these reasons, an order shall go in accordance with para. 1 of the plaintiff’s notice of motion.
 As for costs — the plaintiff filed a cost outline seeking
$7,716.70 on a partial indemnity basis. The insurer’s costs on the
same basis are only $2,395.
 I find the plaintiff’s costs are excessive. Even without
deciding whether or not plaintiff’s counsel should have cleared
the date for this motion with Mr. Sazant, which in my view
should always be done absent real urgency, and without deciding
whether this motion should have gone before a master — there
was no reason for Mr. Kats — a 19-year call — to prepare for and
attend this motion. Given the amount in issue Mr. Silverberg —
a 2015 call — should have been the one to attend. I note Mr.
Sazant is a 2016 call.
 In all the circumstances and in particular considering the
reasonable expectation of the parties, I fix the plaintiff’s costs of
the motion in the amount of $3,500, all inclusive.