Case Bites for May 5, 2025

Edited by Amanda Kostek

Last week’s Court Rulings from the Alberta Court of King’s Bench, Court of Appeal and SCC.

Taylor v Hendrix, 2025 ABKB 261
Application for exemption from Mandatory Mediation | ADR

The Plaintiff sought an exemption from mandatory Mediation/Alternative Dispute Resolution on the basis that an agreement was not likely to be reached or that it would be future. She alleged that a court decision was necessary. The Court was not prepared to dispense with the mandatory requirement for ADR on the basis that there was no compelling evidence of wrongdoing before the Court. Instead, the Court directed parties to exhaust the normal procedures under the Rules of Court before seeking any further waiver. The Court noted that the litigation was in the early stages and concluded that it would be premature to waive dispute resolution at this early stage.    

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