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When is the deadline for mandatory mediation session - within 180 days after the first defence is filed?

The catalogue records a 180 days period from Filing of the first defence in the action. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
180 days
Trigger
Filing of the first defence in the action
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • Expressly subject to 'unless the court orders otherwise'. Rule 24.1.09(2) lists the factors the court must weigh on a motion to extend or abridge, including the number of parties, the state of the pleadings, whether a Rule 20, 21 or 22 motion is intended, and whether mediation is more likely to succeed after evidence is obtained under Rules 30 to 35. r 3.02(1) also applies.
  • Added on verification: the researched catalogue carried the r 24.1.10(1) seven-day statement of issues but omitted the anchor deadline that fixes when the mediation session itself must occur, which is the date the statement of issues is counted back from. By r 24.1.04(1) Rule 24.1 applies only to actions governed by the Rule immediately before 1 January 2010, actions commenced on or after 1 January 2010 in the City of Ottawa, the City of Toronto or the County of Essex, and actions transferred into one of those counties on or after 1 January 2014 unless the court orders otherwise. Outside those three counties this deadline does not arise. One hundred and eighty days exceeds the seven-day threshold, so holidays are counted.

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