Canfield v. Brockville Ontario Speedway, 2018 ONSC 3288

This is a decision of the Superior Court of Justice in Canada, and therefore not binding on English Courts.  However, in the Court's decision on costs, the Court looked to the practice of the English Courts in considering whether a failure to mediate should have cost implications for the refusing party.  Despite the Court only considering the law as far as Halsey this did not prevent them from finding that the Defendant's conduct in this case was unreasonable and making an adjustment to the costs payable as a result of this finding.