Resort to Litigation. The Parties agree not to commence a court proceeding relating to a Dispute until all good faith efforts to resolve the Dispute by alternative dispute resolution mechanisms pursuant to this Article 11 have been exhausted (but without derogation from the right of any Party to elect not to participate in arbitration); except that a Party may at any time commence litigation to seek injunctive relief or other interim measures of relief such as safekeeping property or to preserve a right of action which would otherwise have expired due to expiry of a limitation period. In the event of litigation, the Disputing Parties will use best efforts to ensure that proceedings proceed efficiently and expeditiously by, for example, narrowing the scope of issues to be resolved, developing agreed statements of fact, limiting the scope of discoveries and, where appropriate, using processes such as summary judgment, summary trial, and the trial of an issue; and by trying to achieve settlement throughout the currency of the litigation through alternative dispute resolution procedures. In the event that the decision of the court is in favour of the Partnership, the Province will reimburse the costs of the Partnership on a full indemnity, solicitor and own client basis.
Resort to Litigation. If mediation fails to resolve the dispute within 30 days of selection of the mediator, the parties may thereafter seek redress in court subject to Section X.H. below.
Resort to Litigation. A Party shall not be required to utilize the mediation process in this Section if immediate resort to litigation is necessary to protect its interests by seeking a temporary restraining order, preliminary injunction or other emergency or equitable relief.
