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Created page with "{{LSLAP Manual TOC|expanded = smallclaims}} A trial is often very difficult, stressful, and unpredictable. If possible, it is generally in the best interests of all parties..."
{{LSLAP Manual TOC|expanded = smallclaims}}
A trial is often very difficult, stressful, and unpredictable. If possible, it is generally in the best interests of all parties to settle. However, if the matter cannot be resolved at the settlement/trial conference, a trial will be scheduled255. The notice of trial will be sent by mail to the parties’ address on file. If a claimant does not attend the trial, the claim will be dismissed. If a defendant or third party does not attend, the claim will be allowed and judgment granted against the absent party.
Statements made by the claimants or the defendants at the settlement/trial conference are protected by settlement privilege and '''cannot be used at trial'''. A statement made during the settlement/trial conference is not admissible in cross-examination. Also, the judge at the settlement/trial conference will not be the trial judge. This allows the parties to discuss all issues without fear that their statements will be used against them at trial.
Parties should remember that settlement is possible at any time before the judge decides the case. This includes after evidence and arguments are heard at trial.
Parties should watch at least one trial in order to familiarise themselves with the correct procedure.
== A. Simplified Trial for Claims up to $5,000 ==
A Rule 9.1 simplified trial is set for one hour before an adjudicator. An adjudicator will usually be a justice of the peace but may occasionally be a judge. A justice of the peace adjudicator is referred to as “Your Worship”. Simplified trials are held in the evening in Vancouver and during the day in Richmond.
The parties must each file a Trial Statement at least 14 days before the trial date and serve each other party at least 7 days before the trial256. There are penalties for failing to comply to comply with these timelines257.
The trial does not need to comply with formal rules of procedure and evidence258. The adjudicator will ask questions and control the proceedings to stay within the one-hour timeframe.
== B. Summary Trial for Financial Debt ==
At the Vancouver (Robson Square) registry, financial debt claims will be set for a half-hour summary trial before a judge. Financial debt claims are claims in which one of the parties is in the business of loaning money or extending credit. Often, little in the way of defence can be offered in situations of financial debt and the summary trial may in some ways come to resemble a payment hearing. Where a defence with some merit is advanced, the judge may send the claim to mediation, order a trial conference, or order a traditional trial259. The judge may conduct the trial without complying with the
A trial is often very difficult, stressful, and unpredictable. If possible, it is generally in the best interests of all parties to settle. However, if the matter cannot be resolved at the settlement/trial conference, a trial will be scheduled255. The notice of trial will be sent by mail to the parties’ address on file. If a claimant does not attend the trial, the claim will be dismissed. If a defendant or third party does not attend, the claim will be allowed and judgment granted against the absent party.
Statements made by the claimants or the defendants at the settlement/trial conference are protected by settlement privilege and '''cannot be used at trial'''. A statement made during the settlement/trial conference is not admissible in cross-examination. Also, the judge at the settlement/trial conference will not be the trial judge. This allows the parties to discuss all issues without fear that their statements will be used against them at trial.
Parties should remember that settlement is possible at any time before the judge decides the case. This includes after evidence and arguments are heard at trial.
Parties should watch at least one trial in order to familiarise themselves with the correct procedure.
== A. Simplified Trial for Claims up to $5,000 ==
A Rule 9.1 simplified trial is set for one hour before an adjudicator. An adjudicator will usually be a justice of the peace but may occasionally be a judge. A justice of the peace adjudicator is referred to as “Your Worship”. Simplified trials are held in the evening in Vancouver and during the day in Richmond.
The parties must each file a Trial Statement at least 14 days before the trial date and serve each other party at least 7 days before the trial256. There are penalties for failing to comply to comply with these timelines257.
The trial does not need to comply with formal rules of procedure and evidence258. The adjudicator will ask questions and control the proceedings to stay within the one-hour timeframe.
== B. Summary Trial for Financial Debt ==
At the Vancouver (Robson Square) registry, financial debt claims will be set for a half-hour summary trial before a judge. Financial debt claims are claims in which one of the parties is in the business of loaning money or extending credit. Often, little in the way of defence can be offered in situations of financial debt and the summary trial may in some ways come to resemble a payment hearing. Where a defence with some merit is advanced, the judge may send the claim to mediation, order a trial conference, or order a traditional trial259. The judge may conduct the trial without complying with the