Difference between pages "Small Claims Settlement Conferences (20:XI)" and "Small Claims Trial/Pre-Trial Conferences (20:XII)"

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Revision as of 22:09, 4 October 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 16, 2020.

LSLAP Manual
This page is from the Law Students' Legal Advice Program Manual. See the full contents.
LSLAP Manual
Introduction
Chapters
1. Criminal Law · I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary
2. Youth Justice · I. Introduction · II. Governing Legislation and Resources · III. Youth Criminal Justice Act · IV. Youth Justice (British Columbia) Act · Appendix A: Glossary
3. Family Law · I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary
4. Victims · I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Seniors or Those with Disabilities · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. TIP and Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up
5. Public Complaints · I. Introduction · II. Governing Legislation and Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Complaints against the Police · VI. Complaints against Security Guards · VII. The Right to Vote · VIII. Complaints regarding UBC · IX. Complaints regarding SFU · X. Complaints Re: Other Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · Appendix A: Glossary · Appendix B: Sample Notice Letter
6. Human Rights · I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role · VIII. Indigenous Complainants · IX. Online Mediations & Hearings
7. Workers' Compensation · I. Introduction · II. Governing Legislation & Policy · III. Introduction to Compensation Claims · IV. LSLAP's Role · V. Limitation Periods & Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits & Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health & Safety Regulations · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix :D Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
8. Employment Insurance · I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist
9. Employment Law · I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary
10. Creditors and Debtors · I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist
11. Consumer Protection · I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Consumer Transactions
12. Auto Insurance (ICBC) · I. Introduction · II. Governing Legislation and Resources · III. Basic Coverage · IV. Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. On or Before April 30 2021 · IX. Limitation on Experts · X. Compulsory Coverage · XI. Optional Insurance · XII. Personal Injury Claims · XIII. Out-of-Province
13. Motor Vehicle Law · I. Introduction · II. Governing Legislation and Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Offences · VII. Vehicle Impoundment · VIII. Superintendent · IX. Alcohol and Drugs · X. Federal Offences · XI. Driving While Prohibited · XII. ICBC Breaches · XIII. Bicycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines
14. Mental Health Law · I. Introduction · II. Governing Legislation and Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted · VIII. Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP File Administration Policy
15. Adult Guardianship · I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse and Neglect · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree
16. Wills and Estate Administration · I. Introduction · II. Governing Legislation and Resources · III. Making and Executing · IV. Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. First Nations and Wills · XI. Estate Administration · XII. Duties of a Personal Representative · XIII. Taxation: RRSP & RRIF & TFSA · XIV. LSLAP File Administration Policy · Appendix A: Questionnaire · Appendix B: Checklist · Appendix C: Glossary
17. Citizenship · I. Introduction · II. Governing Legislation and Resources · III. Who is a Canadian Citizen? · IV. Advantages & Responsibilities · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation · VIII. Proof · IX. Search of Citizenship Record · X. Referrals
18. Immigration Law · I. Introduction · II. Governing Legislation and Resources · III. Players · IV. Categories of Persons · V. PR Application · VI. Identifications · VII. IRB · VIII. Loss of PR · IX. Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Issues at Sentencing · XIV. Contacts
19. Landlord and Tenant Law · I. Residential Tenancy Act · II. Tenancy Agreements · III. Moving In and Moving Out · IV. Security Deposits · V. Repair and Service · VI. Rent Increase · VII. Tenant's Rights · VIII. Subletting and Assignment · IX. Termination/Eviction · X. Dispute Resolution · XI. Common Law · XII. Strata Law · XIII. Assisted Living · XIV. Commercial Tenancies · XV. Manufactured Homes · XVI. Income Assistance · XVII. Illegal Suites · XVIII. Forms · XIX. Governing Legislation and Resources
20. Small Claims and the CRT · I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP Policy
21. Welfare Law · I. Introduction · II. Governing Legislation and Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments and Fraud · VIII. Rates and Payment Issues · IX. Additional Benefits · X. Health Supplements · XI. Appeals
22. Strata Law · I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property and Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws and Rules · XI. Rentals and Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair and Maintain · XV. Dispute Resolution · XVI. Recourse to the Courts
23. Referrals · I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others
v • d • e

A. Trial Conference

A trial conference only applies to claims at the Vancouver (Robson Square) registry. Parties should see Section XI: Settlement Conference for information regarding the purpose of, preparation for, and conduct of a trial conference. A trial conference is similar to a settlement conference with a few notable exceptions, such as:

The focus will be on trial preparation rather than on settlement.
a party does not have to attend if a lawyer, articling student, or other representative attends on that party’s behalf (Rule 7.5(12));
a Trial Statement (Form 33) must be filed at least 14 days before the trial conference and served on all other parties at least 7 days before the trial conference (Rules 7.5(9) and (10));
a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;
the judge may require the parties to jointly retain an expert (Rule 7.5(14)(e)(ii)); and
the judge may give a non-binding opinion regarding the probable outcome of the trial (Rule 7.5(14)(j)).

There may be consequences for failing to file and serve the Trial Statement on time (See Rule 20(6); Yewchak v Cleland, 2002 BCPC 200 (CanLII); Irving v Irving, 1982 CanLII 475 (BCCA); and Busse v Robinson Morelli Chertkow, [1999] BCJ No. 1101 (BCCA)).

The Registrar must serve a Notice of Trial Conference (Form 32) at least 30 days prior to the date set for the conference. A judge may make any order for the just, speedy, and inexpensive resolution of the claim including those enumerated in Rule 7.5(14).

B. Pre-Trial Conference

At most registries, a pre-trial conference will be scheduled for claims with trials that are scheduled to be longer than one half-day. In many ways this is similar to a settlement conference. There are basically no rules for pre-trial conferences. The general purpose is to ensure that the parties are prepared for trial, that all orders have been complied with, that all disclosure has been made, and that all witnesses will attend the trial. The judge will try to narrow the number of witnesses to reduce court time. In addition, the judge will review the admissibility of documentary evidence, particularly that of written evidence. The judge will also ensure that the matter falls within the jurisdictional limits of the Small Claims Court and that the claim is not beyond its limitation period. Finally, even at this late date, the judge will encourage the claimants and defendants to settle the matter. The parties may receive an order allowing another 30 days after the pre-trial conference to serve a formal settlement offer to the opposing party. The offer to settle must be made according to Rule 10.1 and penalties may apply to parties who refuse the formal offer to settle. For example, if the court after trial grants the claimant a sum that is equal to or less than the defendant’s formal settlement offer, the claimant can be ordered to pay the defendant a penalty of up to 20 per cent of the settlement offer.

It is not uncommon for Judges at a pre-trial conference to decide the case based on the law without hearing any evidence. Some consider this to be an improper use of pre-trial conferences. However, as stated above, there are no rules governing pre-trial conferences so you should be aware of this going into a pre-trial conference.

LSLAP Manual

Introduction

Acknowledgements

Chapters 1-7
Criminal Law · Youth Justice · Family Law · Victims · Public Complaints · Human Rights · Workers Compensation

Chapter One: Criminal Law	I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary

Chapter Two: Youth Justice	I. Introduction · II. Governing Legislation and Resources · III. Youth Criminal Justice Act · IV. Youth Justice (British Columbia) Act · Appendix A: Glossary

Chapter Three: Family Law	I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary

Chapter Four: Victims	I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Seniors or Those with Disabilities · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. TIP and Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up

Chapter Five: Public Complaints	I. Introduction · II. Governing Legislation and Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Complaints against the Police · VI. Complaints against Security Guards · VII. The Right to Vote · VIII. Complaints regarding UBC · IX. Complaints regarding SFU · X. Complaints Regarding Other Colleges and Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · Appendix A: Glossary · Appendix B: Sample Notice Letter

Chapter Six: Human Rights	· I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role · VIII. Indigenous Complainants · IX. Online Mediations & Hearings

Chapter Seven: Workers' Compensation	I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form

Chapters 8-14
Employment Insurance · Employment Law · Creditors and Debtors · Consumer Protection · Auto Insurance (ICBC) · Motor Vehicle Law · Mental Health Law

Chapter Eight: Employment Insurance	I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist

Chapter Nine: Employment Law	I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary

Chapter Ten: Creditors' Remedies and Debtors' Assistance	I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist

Chapter Eleven: Consumer Protection	I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Consumer Transactions

Chapter Twelve: Auto Insurance (ICBC)	I. Introduction · II. Governing Legislation and Resources · III. Basic Coverage · IV. Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. On or Before April 30 2021 · IX. Limitation on Experts · X. Compulsory Coverage · XI. Optional Insurance · XII. Personal Injury Claims · XIII. Out-of-Province

Chapter Thirteen: Motor Vehicle Law	I. Introduction · II. Governing Legislation and Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Offences · VII. Vehicle Impoundment · VIII. Superintendent · IX. Alcohol and Drugs · X. Federal Offences · XI. Driving While Prohibited · XII. ICBC Breaches · XIII. Bicycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines

Chapter Fourteen: Mental Health Law	I. Introduction · II. Governing Legislation and Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted · VIII. Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP File Administration Policy

Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates · Citizenship · Immigration · Landlord and Tenant Rights · Small Claims · Welfare Law · Strata Law · Referrals

Chapter Fifteen: Adult Guardianship and Substitute Decision-Making	I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree on Adult Abuse and Neglect

Chapter Sixteen: Wills and Estate Administration	I. Introduction · II. Governing Legislation and Resources · III. Making and Executing · IV. Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. First Nations and Wills · XI. Estate Administration · XII. Duties of a Personal Representative · XIII. Taxation: RRSP & RRIF & TFSA · XIV. LSLAP File Administration Policy · Appendix A: Will Instructions Questionnaire · Appendix B: Will Drafting and Execution Checklist · Appendix C: Glossary

Chapter Seventeen: Citizenship	I. Introduction · II. Governing Legislation and Resources · III. Who is a Canadian Citizen? · IV. Advantages & Responsibilities · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation · VIII. Proof · IX. Search of Citizenship Record · X. Referrals

Chapter Eighteen: Immigration Law	I. Introduction · II. Governing Legislation and Resources · III. Players · IV. Categories of Persons · V. PR Application · VI. Identifications · VII. IRB · VIII. Loss of PR · IX. In-Canada Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Issues at Sentencing · XIV. Contacts

Chapter Nineteen: Landlord and Tenant Law	I. Residential Tenancy Act · II. Tenancy Agreements · III. Moving In and Moving Out · IV. Security Deposits · V. Repair and Service · VI. Rent Increase · VII. Tenant's Rights · VIII. Subletting and Assignment · IX. Termination/Eviction · X. Dispute Resolution · XI. Common Law · XII. Strata Law · XIII. Assisted Living · XIV. Commercial Tenancies · XV. Manufactured Homes · XVI. Income Assistance · XVII. Illegal Suites · XVIII. Forms · XIX. Governing Legislation and Resources

Chapter Twenty: Small Claims and the CRT	I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP File Administration Policy

Chapter Twenty One: Welfare Law	I. Introduction · II. Governing Legislation and Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments and Fraud · VIII. Rates and Payment Issues · IX. Additional Benefits · X. Health Supplements · XI. Appeals

Chapter Twenty Two: Strata Law	I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property and Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws and Rules · XI. Rentals and Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair and Maintain · XV. Dispute Resolution · XVI. Recourse to the Courts

Chapter Twenty Three: Referrals	I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Small_Claims_Settlement_Conferences_(20:XI)&oldid=48005"

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 {{LSLAP Manual TOC|expanded = smallclaims}}
-Settlement conferences are held in all court registries except for Vancouver (Robson Square).  Settlement conferences are mandatory for all cases except motor vehicle accident cases where only liability for property damage is disputed, if rule 9.1 or 9.2 applies to the claim (unless an order is made under Rule 9.2(13)(c) that the claim be set for a settlement conference), on or before April 30, 2016, Rule 7.5 applied to the claim, or all of the following apply in relation to the claim: The proceeding was started by a notice of civil resolution tribunal claim; the civil resolution tribunal gave a final decision in relation to the claim unless one of the parties did not make a response, and a certificate referred to in Rule 1.1(8)(b)(i) was filed with the notice of civil resolution tribunal claim (Rule 7(2)).
+== A. Trial Conference ==
-== A. Who Must Attend ==
+A trial conference only applies to claims at the Vancouver (Robson Square) registry. Parties should see Section XI: Settlement Conference for information regarding the purpose of, preparation for, and conduct of a trial conference. A trial conference is similar to a  settlement conference with a few notable exceptions, such as:
+*The focus will be on trial preparation rather than on settlement.
+*a party does not have to attend if a lawyer, articling student, or other representative attends on that party’s behalf (Rule 7.5(12));
+*a Trial Statement (Form 33) must be filed at least 14 days before the trial conference and served on all other parties at least 7 days before the trial conference (Rules 7.5(9) and (10));
+*a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;
+*the judge may require the parties to jointly retain an expert (Rule 7.5(14)(e)(ii)); and
+*the judge may give a non-binding opinion regarding the probable outcome of the trial (Rule 7.5(14)(j)).
-The registry will serve the parties by mail with a Notice of Settlement Conference (Form 6) at least 14 days in advance (Rule 7(3)).
+There may be consequences for failing to file and serve the Trial Statement on time (See Rule 20(6); ''Yewchak v Cleland'', 2002 BCPC 200 (CanLII); ''Irving v Irving'', 1982 CanLII 475 (BCCA); and ''Busse v Robinson Morelli Chertkow'', [1999] BCJ No. 1101 (BCCA)).
-All parties, with or without legal representation, must attend the settlement conference, although there is are exceptions for: claims resulting from a motor vehicle accident, the defendant is disputing the amount of the claim but not liability, and a person appointed by ICBC attends instead of the defendant (Rule 7(4)). If a party is not an individual (e.g., a company), someone who has authority to settle the claim for the  company must attend. (See ''[http://canlii.ca/t/1f39m Kamloops Dental Centre v Mcmillan]'', 1996 CanLII 377 (BCSC)). If a party sends a lawyer or articled student and  does not attend personally or send a company representative, that party will be deemed to have not attended the settlement conference. A party  may appear by telephone if an application is made to and approved by the Registrar prior to the date set for the conference (Rule 16(2)(c.1)). If a party does not attend or does not have full authority to settle, the judge can dismiss a claim, grant a payment order, or make any other  appropriate order (Rules 7(17)). If a party attends but is unprepared, a judge may order the unprepared party to pay the other party’s reasonable costs (Rules 7(6) and 20(6)).
+The Registrar must serve a Notice of Trial Conference (Form 32) at least 30 days prior to the date set for the conference. A judge may make any order for the just, speedy, and inexpensive resolution of the claim including those enumerated in Rule 7.5(14).
-Witnesses cannot attend except in unusual and exceptional cases. A witness who does attend the settlement conference will usually be asked to wait outside.
+== B. Pre-Trial Conference ==
-== B. What to Bring ==
+At most registries, a pre-trial conference will be scheduled for claims with trials that are scheduled to be longer than one half-day. In many  ways this is similar to a settlement conference. There are basically no rules for pre-trial conferences. The general purpose is to ensure that  the parties are prepared for trial, that all orders have been complied with, that all disclosure has been made, and that all witnesses will attend the trial. The judge will try to narrow the number of witnesses to reduce court time. In addition, the judge will review the admissibility  of documentary evidence, particularly that of written evidence. The judge will also ensure that the matter falls within the jurisdictional  limits of the Small Claims Court and that the claim is not beyond its limitation period. Finally, even at this late date, the judge will encourage the claimants and defendants to settle the matter. The parties may receive an order allowing another 30 days after the pre-trial conference to serve a formal settlement offer to the opposing party. The offer to settle must be made according to Rule 10.1 and penalties may  apply to parties who refuse the formal offer to settle. For example, if the court after trial grants the claimant a sum that is equal to or less than the defendant’s formal settlement offer, the claimant can be ordered to pay the defendant a penalty of up to 20 per cent of the settlement offer.
-Each party must bring to a settlement conference '''all relevant documents and reports''' whether the party intends to use them at trial or  not (Rule 7(5)). Documents include any contracts, invoices, bills of sale, business records, photographs, and summaries of what each witness  will say in court (“will-say” statements).
+It is not uncommon for Judges at a pre-trial conference to decide the case based on the law without hearing any evidence. Some consider this to  be an improper use of pre-trial conferences. However, as stated above, there are no rules governing pre-trial conferences so you should be aware of this going into a pre-trial conference.
-Each party should prepare a brief chronological summary of its case and support it with evidence. Claimants should bring more than one written  estimate or quote, if there is a large sum of money involved.
-If the claim is for personal injury, the claimant must file and serve a Form 7 certificate of readiness and required records (Rules 7(9)-(13)) before a settlement conference will be scheduled. There can be consequences for failing to file the certificate of readiness on time. (See ''[http://canlii.ca/t/5lrn Yewchak v Cleland]'', 2002 BCPC 200 (CanLII); ''[http://canlii.ca/t/23p35 Irving v Irving]'', 1982 CanLII 475 (BC CA); ''[http://canlii.ca/t/54f9 Busse v Robinson Morelli Chertkow]'', 1999 BCCA 313).
-== C. What May Happen ==
-A settlement conference is scheduled for 30 to 60 minutes before a judge in a conference room at the courthouse. The judge at the  settlement/trial conference will not be the judge at trial, if a trial is necessary. The parties will sit at a table with the judge. The judge will say a few words and ask each party to give a brief summary of their case. The judge may then lead both the claimant and defendant into a discussion on what, if anything, the parties can agree on. If the parties agree on the final result, the judge will make the order. However,  the parties may agree on some issues and leave issues in dispute to be resolved at trial. The judge will assess how much time is required for trial.
-A judge at a settlement conference may make any order for the just, speedy, and inexpensive resolution of the claim (Rule 7(14)). This includes  mediating and making orders regarding admissibility of evidence, inspections of evidence, or production of evidence to the other party. The judge may also dismiss a claim that discloses no triable issue, is without reasonable grounds, is frivolous, or is an abuse of the court’s process. (See Rule 7(14)((i); ''Belanger v AT&T Canada Inc.'', [1994] BCJ No. 2792; ''[http://canlii.ca/t/1dhfk Cohen v Kirkpatrick]'', 1993 CanLII 2059 (BCSC); and ''[http://canlii.ca/t/1dhzm Artisan FloorCo. v Lam]'', 1993 CanLII 2138 (BCSC)). Examples include claims that are outside the court’s jurisdiction, where the claimant  presents no evidence, or where the limitation period at the date of filing the Notice of Claim had expired. A judge cannot dismiss a case at the settlement conference on the basis of issues relating to the credibility of witnesses or evidence.
-A judge may also order that multiple claims be heard at the same time, or consolidated into one claim. (See ''Schab v Active Bailiff Service Ltd.'', [1993] BCJ No. 2936). The distinction is important. Claims heard at the same time may each individually be awarded up to $35,000,  while claims which are consolidated into one claim may only be awarded $35,000 combined.
-Any agreement valid under contract law can result in a binding settlement. Agreements entered into by lawyers with their client's knowledge  and consent are binding but can be set aside in some circumstances. (See ''[http://canlii.ca/t/5t05 Harvey v British Columbia Corps of Commissionaires]'', 2002 BCPC 69 (CanLII)). If all claims are not settled, the parties should acquire a record of the settlement conference, which may outline all of the issues in the case, all admissions, the number of witnesses, the anticipated length of trial, and anything that must be disclosed.
-'''NOTE:''' If the settlement pertains to an action against a lawyer for which a complaint has been filed with the Law Society, a party cannot  use complaint withdrawal as a bargaining technique; it is improper during settlement negotiations to offer to withdraw a complaint against a lawyer as a part of the settlement. (See ''[http://canlii.ca/t/1q0x9 Gord Hill Log Homes Ltd. v Cancedar Log Homes]'', 2006 BCPC 480 (CanLII)).
-== D. Disclosure ==
-Trial by ambush is not permitted. Each party is entitled to know the evidence for and against its position. If the parties cannot reach a settlement, the focus will turn to trial preparation. The judge at a settlement conference has the power to order production of documents and  evidence. Each party should attend the settlement conference with a list of documents and evidence that is believed to be in the possession of the other party.
-A judge will order the parties to exchange copies of all documents or allow for their inspection before trial. Disclosure must be timely. (See ''[http://canlii.ca/t/4w2k Golden Capital Securities Ltd. v Holmes]'', 2002 BCSC 516 (CanLII)). These documents should be compiled in a tabbed binder for easy reference at trial.
-Each party must be prepared to disclose the  name of each witness that party intends to call, indicate what evidence each witness will give, and provide a time estimate. If expert evidence will be used, it is helpful if a written report (or at least a draft copy) is available for  the settlement conference. If an expert report is not available, parties will be ordered to exchange those reports prior to trial. There is a minimum  deadline of 30 days before trial (Rules 10(3) and (4)) however the judge at the settlement conference can be asked to change the time limits.
-If a party does not comply with a disclosure order, a judge may adjourn the trial, the settlement conference, or both, order that party to pay expenses, order the trial to proceed without allowing that evidence to be used, or dismiss the action.
-'''NOTE:''' For case law relating to the disclosure of medical documents and ethical obligations of physicians to their patients see ''[http://canlii.ca/t/216h1 Halliday v McCulloch]'', [1986] BCJ No 223 (BC CA), ''[http://canlii.ca/t/g92dd Hope v Brown]'', [1990] BCJ No. 2586, ''[http://canlii.ca/t/1d1t8 Davies v Milne]'', 1999 CanLII 6654 (BC SC), and ''[http://canlii.ca/t/1g5q6 Cunningham v Slubowski]'',2003 BCSC 1854.
-'''NOTE:''' For case law on obtaining disclosure from the Crown (e.g., from a related criminal case) in a civil case see ''[http://canlii.ca/t/1n0h2 Huang (litigation  guardian of) v Sadler]'', [2006] BCJ No. 758 (BCSC) and ''[http://canlii.ca/t/21zxc Wong v Antunes]'', 2008 BCSC 1739. For case law pertaining to the  admissibility  of evidence obtained through electronic surveillance (e.g., recording telephone conversations and videotaping) and whether it will be considered a violation of the ''Privacy Act'', RSBC 1996, c 373 see ''[http://canlii.ca/t/1rfst Watts v Klaemt]'', 2007 BCSC 662 and ''[http://canlii.ca/t/1nh0s Cam v Hood]'', 2006 BCSC 842. For case law on obtaining evidence from third parties see ''[http://canlii.ca/t/1q91l Lewis v Frye]'', 2007 BCSC 89.
-A judge may also order the exchange of all case law prior to the trial date.
-Parties should consider writing to the other side after the settlement conference to confirm the deadline, the documents required, and remedies that will be pursued if there is no disclosure. When sending documents, it is important to include a list or outline of what material is enclosed.
-== E. Enforcing a Settlement Agreement (Rule 7(20)) ==
-If an agreement reached at a settlement conference includes payment, and if a party does not comply, the agreement can be cancelled. After  filing an affidavit describing the on-compliance, the person entitled to payment may file a payment order for either the amount agreed to by he  parties as the default amount and noted on the record as the default amount endorsed by the judge at the settlement conference or the full  amount of the original claim if there was no default amount endorsed by the judge.
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Difference between pages "Small Claims Settlement Conferences (20:XI)" and "Small Claims Trial/Pre-Trial Conferences (20:XII)"

Revision as of 22:09, 4 October 2020

A. Trial Conference

B. Pre-Trial Conference

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