Small Claims Settlement Conferences (20:XI) - Revision history

LSLAP at 19:41, 13 October 2025

2025-10-13T19:41:44Z

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LSLAP: /* D. Disclosure */

2025-09-29T22:08:19Z

D. Disclosure

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	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.		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<nowiki>]</nowiki> BCJ No 223 (BCCA), ''[http://canlii.ca/t/g92dd Hope v Brown]'', [1990<nowiki>]</nowiki> BCJ No. 2586, ''[http://canlii.ca/t/1d1t8 Davies v Milne]'', 1999 CanLII 6654 (BCSC), and ''[http://canlii.ca/t/1g5q6 Cunningham v Slubowski]'', 2003 BCSC 1854.		:'''NOTE:''' For case law relating to the disclosure of medical documents and ethical obligations of physicians to their patients see ''[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<nowiki>]</nowiki> BCJ No. 758 (BCSC) and ''[http://canlii.ca/t/21zxc Wong v Antunes]'', 2008 BCSC 1739.		:'''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<nowiki>]</nowiki> BCJ No. 758 (BCSC) and ''[http://canlii.ca/t/21zxc Wong v Antunes]'', 2008 BCSC 1739.

	:'''NOTE:''' 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.		:'''NOTE:''' 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. 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.		A judge may also order the exchange of all case law prior to the trial date.

LSLAP: /* D. Disclosure */

2025-09-29T15:38:07Z

D. Disclosure

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	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.		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<nowiki>]</nowiki> BCJ No 223 (BCCA)], [http://canlii.ca/t/g92dd ''Hope v Brown'', [1990<nowiki>]</nowiki> BCJ No. 2586], [http://canlii.ca/t/1d1t8 ''Davies v Milne'', 1999 CanLII 6654 (BCSC)], and [http://canlii.ca/t/1g5q6 ''Cunningham v Slubowski'', 2003 BCSC 1854.]		:'''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<nowiki>]</nowiki> BCJ No 223 (BCCA), ''[http://canlii.ca/t/g92dd Hope v Brown]'', [1990<nowiki>]</nowiki> BCJ No. 2586, ''[http://canlii.ca/t/1d1t8 Davies v Milne]'', 1999 CanLII 6654 (BCSC), 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<nowiki>]</nowiki> BCJ No. 758 (BCSC)] and [http://canlii.ca/t/21zxc ''Wong v Antunes'', 2008 BCSC 1739].		:'''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<nowiki>]</nowiki> BCJ No. 758 (BCSC) and ''[http://canlii.ca/t/21zxc Wong v Antunes]'', 2008 BCSC 1739.

	:'''NOTE:''' 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].		:'''NOTE:''' 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.		A judge may also order the exchange of all case law prior to the trial date.

Nate Russell: review confirmed 2025

2025-08-29T00:08:36Z

review confirmed 2025

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	A judge may order that a trial is to be attended by telephone, video conference or other means of electronic communication (''SCR'', Rule 7(14)(j.1)). If this happens, the judge must also direct how, and by what date, to submit and serve any records and other things that a party intends to rely on at trial (''SCR'', Rule 7(14.1).		A judge may order that a trial is to be attended by telephone, video conference or other means of electronic communication (''SCR'', Rule 7(14)(j.1)). If this happens, the judge must also direct how, and by what date, to submit and serve any records and other things that a party intends to rely on at trial (''SCR'', Rule 7(14.1).

	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 ([https://~~www.~~canlii.~~org/en/bc/bcpc/doc/2002~~/~~2002bcpc69~~/~~2002bcpc69.html?searchUrlHash=AAAAAQAySGFydmV5IHYgQnJpdGlzaCBDb2x1bWJpYSBDb3JwcyBvZiBDb21taXNzaW9uYWlyZXMAAAAAAQ&resultIndex=1 ''~~Harvey v British Columbia Corps of Commissionaires'', 2002 BCPC 69]).		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 ''[https://canlii.ca/t/5t05 Harvey v British Columbia Corps of Commissionaires]'', 2002 BCPC 69).

	A party may feel that they are under significant pressure to settle during a settlement conference. If a settlement offer is made, it is appropriate and advisable that a party consult with their counsel before accepting the offer. If needed, a party should request a five-minute adjournment for this purpose.		A party may feel that they are under significant pressure to settle during a settlement conference. If a settlement offer is made, it is appropriate and advisable that a party consult with their counsel before accepting the offer. If needed, a party should request a five-minute adjournment for this purpose.
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	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 the trial, and anything that must be disclosed.		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 the 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 ([https://~~www.~~canlii.~~org/en/bc/bcpc/doc/2006~~/~~2006bcpc480~~/~~2006bcpc480.html?searchUrlHash=AAAAAQAvR29yZCBIaWxsIExvZyBIb21lcyBMdGQuIHYgQ2FuY2VkYXIgTG9nIEhvbWVzLCAAAAAAAQ&resultIndex=1 ''~~Gord Hill Log Homes Ltd. v Cancedar Log Homes'', 2006 BCPC 480]).		:'''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 (''[https://canlii.ca/t/1q0x9 Gord Hill Log Homes Ltd. v Cancedar Log Homes]'', 2006 BCPC 480).

	== D. Disclosure ==		== D. Disclosure ==
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	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 the 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.		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 the 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. The disclosure must be timely ([https://~~www.~~canlii.~~org/en/bc/bcsc/doc/2002~~/~~2002bcsc516~~/~~2002bcsc516.html?searchUrlHash=AAAAAQA2R29sZGVuIENhcGl0YWwgU2VjdXJpdGllcyBMdGQuIHYgSG9sbWVzLCAyMDAyIEJDU0MgNTE2AAAAAAE&resultIndex=1 ''~~Golden Capital Securities Ltd. v Holmes'', 2002 BCSC 516]). These documents should be compiled in a tabbed binder for easy reference at trial.		A judge will order the parties to exchange copies of all documents or allow for their inspection before trial. The disclosure must be timely (''[https://canlii.ca/t/4w2k Golden Capital Securities Ltd. v Holmes]'', 2002 BCSC 516). 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 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 (''SCR'', Rules 10(3) and (4)); however, the judge at the settlement conference can be asked to change the time limits.		Each party must be prepared to disclose the name of each witness that 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 (''SCR'', Rules 10(3) and (4)); however, the judge at the settlement conference can be asked to change the time limits.

LSLAP at 20:51, 12 August 2025

2025-08-12T20:51:00Z

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	== A. Who Must/Can 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 28 days in advance (''SCR'', Rule 7(3)).

	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 a liability, and a person appointed by ICBC attends instead of the defendant (''SCR'', Rule 7(4)). If a party is not an individual (i.e., a company), someone who has authority to settle the claim for the company must attend (''Kamloops Dental Centre v Mcmillan'', [1996] 28 BCLR (3d) 60 (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 (''SCR'', 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 (''SCR'', 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 (''SCR'', Rules 7(6) and 20(6)).		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 a liability, and a person appointed by ICBC attends instead of the defendant (''SCR'', Rule 7(4)). If a party is not an individual (i.e., a company), someone who has authority to settle the claim for the company must attend (''Kamloops Dental Centre v Mcmillan'', [1996] 28 BCLR (3d) 60 (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 (''SCR'', 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 (''SCR'', 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 (''SCR'', Rules 7(6) and 20(6)).
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	== 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 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 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. The complete list of powers a judge may exercise during a settlement conference is set out in Rule 7(14) of the ''Small Claims Rules''.

	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.

			Pursuant to Rule 7(14) a judge has the power to compel the production of documents, records, or other information in a settlement conference. If a party believes that relevant documents or records have not been disclosed by the other party, they may request that the judge make an order for document production. Where there is a privacy interest associated with a requested document or record, a judge may still order the production of the document if it is relevant to the claim ([https://canlii.ca/t/1hm86 ''Bain v. Rodrigue'',] 2004 BCPC 259). A judge in Small Claims Court has the authority to compel the production of non-party records subject to claims of privilege ([https://canlii.ca/t/hwqzq ''Schiller v. HMTQ, NHA and BCCNP'',] 2018 BCPC 345 at para 134)

	A judge may also order that multiple claims be heard at the same time, or consolidated into one claim (''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.		A judge may also order that multiple claims be heard at the same time, or consolidated into one claim (''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.

			A judge may order that a trial is to be attended by telephone, video conference or other means of electronic communication (''SCR'', Rule 7(14)(j.1)). If this happens, the judge must also direct how, and by what date, to submit and serve any records and other things that a party intends to rely on at trial (''SCR'', Rule 7(14.1).

	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 ([https://www.canlii.org/en/bc/bcpc/doc/2002/2002bcpc69/2002bcpc69.html?searchUrlHash=AAAAAQAySGFydmV5IHYgQnJpdGlzaCBDb2x1bWJpYSBDb3JwcyBvZiBDb21taXNzaW9uYWlyZXMAAAAAAQ&resultIndex=1 ''Harvey v British Columbia Corps of Commissionaires'', 2002 BCPC 69]).		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 ([https://www.canlii.org/en/bc/bcpc/doc/2002/2002bcpc69/2002bcpc69.html?searchUrlHash=AAAAAQAySGFydmV5IHYgQnJpdGlzaCBDb2x1bWJpYSBDb3JwcyBvZiBDb21taXNzaW9uYWlyZXMAAAAAAQ&resultIndex=1 ''Harvey v British Columbia Corps of Commissionaires'', 2002 BCPC 69]).

			A party may feel that they are under significant pressure to settle during a settlement conference. If a settlement offer is made, it is appropriate and advisable that a party consult with their counsel before accepting the offer. If needed, a party should request a five-minute adjournment for this purpose.

	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 the trial, and anything that must be disclosed.		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 the trial, and anything that must be disclosed.

LSLAP at 17:52, 7 August 2024

2024-08-07T17:52:50Z

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Clicklaw Editor at 18:46, 19 September 2023

2023-09-19T18:46:54Z

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LSLAP: Clarified intro paragraph on when Settlement conferences are held. Added paragraph on Support persons. Added para on settlement conferences via Teams

2023-09-08T21:01:09Z

Clarified intro paragraph on when Settlement conferences are held. Added paragraph on Support persons. Added para on settlement conferences via Teams

← Older revision		Revision as of 21:01, 8 September 2023
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	Settlement conferences are held in all court registries and 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 is set for~~ a ~~settlement conference), on or before April 30, 2016, Rule 7.5 applied to the claim~~.		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)).
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	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~~, and summaries of what each witness will say in court (“will-say” statements)~~.		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)).
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	== 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.

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C. What May Happen

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	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 the trial, and anything that must be disclosed.		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 the 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 ([https://www.canlii.org/en/bc/bcpc/doc/2006/2006bcpc480/2006bcpc480.html?searchUrlHash=AAAAAQAvR29yZCBIaWxsIExvZyBIb21lcyBMdGQuIHYgQ2FuY2VkYXIgTG9nIEhvbWVzLCAAAAAAAQ&resultIndex=1 ''Gord Hill Log Homes Ltd. v Cancedar Log Homes'', 2006 BCPC 480]).		:'''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 ([https://www.canlii.org/en/bc/bcpc/doc/2006/2006bcpc480/2006bcpc480.html?searchUrlHash=AAAAAQAvR29yZCBIaWxsIExvZyBIb21lcyBMdGQuIHYgQ2FuY2VkYXIgTG9nIEhvbWVzLCAAAAAAAQ&resultIndex=1 ''Gord Hill Log Homes Ltd. v Cancedar Log Homes'', 2006 BCPC 480]).

	== D. Disclosure ==		== D. Disclosure ==

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D. Disclosure

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	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.		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<nowiki>]</nowiki> BCJ No 223 (BCCA)], [http://canlii.ca/t/g92dd ''Hope v Brown'', [1990<nowiki>]</nowiki> BCJ No. 2586], [http://canlii.ca/t/1d1t8 ''Davies v Milne'', 1999 CanLII 6654 (BCSC)], and [http://canlii.ca/t/1g5q6 ''Cunningham v Slubowski'', 2003 BCSC 1854.]		:'''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<nowiki>]</nowiki> BCJ No 223 (BCCA)], [http://canlii.ca/t/g92dd ''Hope v Brown'', [1990<nowiki>]</nowiki> BCJ No. 2586], [http://canlii.ca/t/1d1t8 ''Davies v Milne'', 1999 CanLII 6654 (BCSC)], 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<nowiki>]</nowiki> BCJ No. 758 (BCSC)] and [http://canlii.ca/t/21zxc ''Wong v Antunes'', 2008 BCSC 1739].		:'''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<nowiki>]</nowiki> BCJ No. 758 (BCSC)] and [http://canlii.ca/t/21zxc ''Wong v Antunes'', 2008 BCSC 1739].

	'''NOTE:''' 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].		:'''NOTE:''' 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.		A judge may also order the exchange of all case law prior to the trial date.