Insurer’s representative didn’t arrange to have effective decision-maker ready to be contacted

Civil Practice and Procedure – Costs – Costs of particular proceedings

Parties attended pre-trial conference. Insurer agreed to engage in mediation, but took no position other than no liability. Insurer’s representative reported to committee for instructions and had not made arrangements to have effective decision-maker at insurer phone-ready to be contacted. Defendant to pay plaintiff costs of $1,000. Defendant failed to comply with Rules of Civil Procedure, Rule 50.05(2), which required that where person present at pre-trial conference did not have sufficient authority to resolve case, person with authority be readily available, in short order, by telephone. Things listed in Rule 50.06 could not be considered at pre-trial because insurer’s decision maker was not present or available.

Al-Khouri v. Hawari (2019), 2019 CarswellOnt 9833, 2019 ONSC 3681, Trimble J. (Ont. S.C.J.).

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