5,109
edits
Difference between revisions of "Small Claims Settlement Conferences (20:XI)"
From Clicklaw Wikibooks
Small Claims Settlement Conferences (20:XI) (view source)
Revision as of 21:01, 8 September 2023
, 21:01, 8 September 2023Clarified intro paragraph on when Settlement conferences are held. Added paragraph on Support persons. Added para on settlement conferences via Teams
(Clarified intro paragraph on when Settlement conferences are held. Added paragraph on Support persons. Added para on settlement conferences via Teams) |
|||
| Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 8, 2023}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
Settlement conferences are held in all court registries and are mandatory for all cases | Settlement conferences are held in all court registries and are mandatory for all cases for all cases barring select exceptions: i) motor vehicle accident cases where only liability for property damage is disputed, and ii) simplified or summary trials (under now Rule 9.1 and 9.2) unless a judge orders otherwise. | ||
== A. Who Must Attend == | == A. Who Must/Can Attend == | ||
The registry will serve the parties by mail with a Notice of Settlement Conference (Form 6) at least 14 days in advance (''SCR'', Rule 7(3)). | The registry will serve the parties by mail with a Notice of Settlement Conference (Form 6) at least 14 days in advance (''SCR'', Rule 7(3)). | ||
| Line 11: | Line 11: | ||
Witnesses cannot attend except in unusual and exceptional cases. A witness who does attend the settlement conference will usually be asked to wait outside. | Witnesses cannot attend except in unusual and exceptional cases. A witness who does attend the settlement conference will usually be asked to wait outside. | ||
''Support persons'': unless a judge orders or directs otherwise, a litigant may have a support person with them at any small claims or family proceeding except for settlement/trial conferences, family case conferences, or family settlement conferences. Litigants must inform the judge before the commencement of the proceedings that a support person is present with them. Rules for the conduct and role of support persons can be found in NP11 (https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP11.pdf). | |||
== B. What to Bring == | == B. What to Bring == | ||
Each party must bring to a settlement conference all relevant documents and reports whether the party intends to use them at trial or not (''SCR'', Rule 7(5)). Documents include any contracts, invoices, bills of sale, business records, photographs | Each party must bring to a settlement conference all relevant documents and reports whether the party intends to use them at trial or not (''SCR'', Rule 7(5)). Documents include any contracts, invoices, bills of sale, business records, and photographs. | ||
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. | 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. | ||
Pursuant to Small Claims Rule 7(5), each party must submit all relevant documents and reports to the registry at least 14 days before the date of the conference, and serve all relevant documents and reports on the other parties at least 7 days before the settlement conference. | |||
'''Note''': settlement conferences held via Teams may have different deadlines for filing and service, as well as restrictions on the length of documents. Parties should adhere to the specific requirements set out in the notice of settlement/trial conference and any relevant orders made in respect to the conference. For more information on requirements for documents for use in settlement conferences and small claims proceedings generally, see: | |||
https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/SMCL03.pdf | |||
'''Note:''' subject to specific orders for disclosure, the content of a party’s settlement conference documents is somewhat a matter of discretion. However, providing a convincing array of evidence can be strategically beneficial in presenting a strong case and a greater incentive to the other parties to settle. | |||
If the claim is for personal injury, the claimant must file and serve a Form 7 certificate of readiness and required records before a settlement conference will be scheduled (''SCR'', Rule 7(5)). There can be consequences for failing to file the certificate of readiness on time (''SCR'', Rule 7(5)). | If the claim is for personal injury, the claimant must file and serve a Form 7 certificate of readiness and required records before a settlement conference will be scheduled (''SCR'', Rule 7(5)). There can be consequences for failing to file the certificate of readiness on time (''SCR'', Rule 7(5)). | ||
| Line 22: | Line 31: | ||
== C. What May Happen == | == 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 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 claimant generally goes first. 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 (''SCR'', 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 (''SCR'', Rule 7(14)((i); ''Belanger v AT&T Canada Inc.'', [1994] BCJ No. 2792; ''Cohen v Kirkpatrick'', 1993 CanLII 2059 (BCSC); and ''Artisan Floor Co. v Lam'', [1993] 76 BCLR (2d) 384 (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 at a settlement conference may make any order for the just, speedy, and inexpensive resolution of the claim (''SCR'', 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 (''SCR'', Rule 7(14)((i); ''Belanger v AT&T Canada Inc.'', [1994] BCJ No. 2792; ''Cohen v Kirkpatrick'', 1993 CanLII 2059 (BCSC); and ''Artisan Floor Co. v Lam'', [1993] 76 BCLR (2d) 384 (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. | ||
