CLIFF v CLIFF, 2012 ABQB 174


4.16: Dispute resolution processes

Case Summary

The Plaintiff applied for relief from the obligation to participate in the mandatory Dispute Resolution Process, on the basis that the Defendant had been convicted of assault against the Plaintiff, the Defendant was self-represented, and that the Defendant had not provided sufficient disclosure. Veit J. stated that where one party has been convicted of assault against another party, waiver of the requirement to participate in the Dispute Resolution Process may be provided. However, in circumstances where the party who was a victim of an assault is represented by counsel, there is no risk to that party by participating in the Dispute Resolution Process. Further, because the dispute with the Defendant was regarding money, Veit J. found that the Applicant would not suffer any emotional or mental detriment from participating in Dispute Resolution with the Defendant. Veit J. also held that not having legal counsel and poor disclosure are not sufficient reasons for waiving Dispute Resolution. The Application was dismissed.

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