Based on the history of these proceedings, I agree with the respondent that applicant’s counsel’s behaviour has been unreasonable. Further, I agree that the respondent has been prejudiced by the lack of disclosure of the report of mediator and has incurred expenses as a result. However, I also accept that the applicant’s counsel has been suffering from serious illness that has impaired his ability to do his job. I find this case distinguishable from BF v. Wawanesa as in this case there is a medical reason to justify the behaviour and not a blatant disregard and disrespect for the process. I find the medical note provided by the applicant’s counsel satisfactory in confirming same.
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