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Difference between revisions of "Small Claims Trial/Pre-Trial Conferences (20:XII)"
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Small Claims Trial/Pre-Trial Conferences (20:XII) (view source)
Revision as of 22:54, 6 August 2021
, 22:54, 6 August 2021no edit summary
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 6, 2021}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
== A. Trial Conference == | == 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: | 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 (''SCR'', 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 (''SCR'', 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 (''SCR'', Rule 7.5(14)(e)(ii)); and | |||
* the judge may give a non-binding opinion regarding the probable outcome of the trial (''SCR'', Rule 7.5(14)(j)). | |||
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). | There may be consequences for failing to file and serve the Trial Statement on time (see ''SCR'', 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 == | == B. Pre-Trial Conference == | ||
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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. | ||
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