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Court of Appeal dismisses appeal of High Court order refusing to adjourn proceedings to facilitate mediation, and directing the delivery of certain pleadings within specific time limits, in a dispute between a receiver and the former wife of the purchaser of a number properties (who has maintenance obligation to his former wife) as to who is entitled to rental income from the properties, on the grounds that trial judge correctly exercised his discretion to refuse the application.
Mediation – appeal of High Court order refusing to adjourn proceedings to facilitate mediation and directing the delivery of certain pleadings within specific time limits – O. 56A, r. 2(1) of the Rules of the Superior Courts – dispute as to who is entitled to rental income from a number of properties – receiver sought to be joined in family law proceedings with former wife before fresh plenary proceedings were instituted – whether there was a delay by the defendant – whether the application is made bona fide in the belief that the issues in dispute can be disposed of and that the applicant is genuinely willing to engage with the proposed ADR – trial judge correctly exercised his discretion to refuse the application – appeal dismissed.
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