will apply even where the parties have agreed to postpone a mediation session to a date more than 180 days after the first defence has been filed as permitted by rule 24.1. [37] A motion for an order exempting the action from mediation should be made to any master (unless the action is being case managed by a judge or a specific master). The motion should be returnable in motions court or by case conference if the action is case managed. Motions in writing on consent will be considered if sufficient reasons are given. IV. Certification of an Action to Set Pre-Trial and Trial Dates [38] The practice of certifying an action ready for trial continues in the Toronto Region. Approximately 60 days after a trial record is filed, the Civil Trial Office will send to the party who set the action down for trial a Certification Form to Set Pre-Trial and Trial Dates (Word), together with a list of available trial dates. After consultation with the opposing counsel or party, the party who received the form must complete and return the Certification Form to the Civil Trial Office. [39] If a completed Certification Form is not returned by the date specified on the covering memo, the action will be struck from the trial list. [40] In order to restore an action that has been struck from the trial list the parties must: (i) Obtain an order granting leave from a case management master or judge under rule 48.11 to