Difference between revisions of "Small Claims Trial/Pre-Trial Conferences (20:XII)"

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*the judge may give a non-binding opinion regarding the probable outcome of the trial (Rule 7.5(14)(j)).  
*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)
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).
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).
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== B. Pre-Trial Conference ==
== 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 topay the defendant a penalty of up to 20 per cent of the settlement offer.  
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.
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.


{{REVIEWED LSLAP | date= August 16, 2020}}


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