[20] For example, in Davidson v. Richman, [2003] O.J. 519 (S.C.J.), the plaintiff in a failed mediation sought a ruling from the court on the issue of costs. One of the issues raised was whether the court should receive evidence as to what was said during the course of the mediation. It is significant that, notwithstanding the fact that the parties consented to limited disclosure of what occurred at the mediation, the court concluded that it ought not to receive evidence of negotiations at mediation except in clear cases of abuse.
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