Small Claims Trial and Pre-Trial Conferences (20:XII) - Revision history

LSLAP at 19:41, 13 October 2025

2025-10-13T19:41:48Z

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LSLAP at 22:09, 29 September 2025

2025-09-29T22:09:18Z

← Older revision		Revision as of 22:09, 29 September 2025
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	* the focus will be on trial preparation rather than on settlement.		* 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 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)). :* The trial statement form must include 4 sections: a statement of facts, amount claimed and calculation of the amount, a witness list, and the documents intended to be relied on at trial;		* 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)).

			:* The trial statement form must include 4 sections: a statement of facts, amount claimed and calculation of the amount, a witness list, and the documents intended to be relied on at trial;

	* a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;		* a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;

LSLAP: /* A. Trial Conference */

2025-09-29T22:09:02Z

A. Trial Conference

← Older revision		Revision as of 22:09, 29 September 2025
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	* the focus will be on trial preparation rather than on settlement.		* 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 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)). The trial statement form must include 4 sections: a statement of facts, amount claimed and calculation of the amount, a witness list, and the documents intended to be relied on at trial;		* 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)). :* The trial statement form must include 4 sections: a statement of facts, amount claimed and calculation of the amount, a witness list, and the documents intended to be relied on at trial;

	* a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;		* a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;

Nate Russell: review confirmed 2025

2025-08-29T00:10:07Z

review confirmed 2025

← Older revision		Revision as of 00:10, 29 August 2025
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	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

LSLAP at 21:54, 12 August 2025

2025-08-12T21:54:50Z

← Older revision		Revision as of 21:54, 12 August 2025
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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.

			A judge also may order that a trial is to be attended by telephone, video conference or other means of electronic communication (''SCR'', Rule 7.5(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 7.5(14.1)).


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Nate Russell: Nate Russell moved page Small Claims Trial/Pre-Trial Conferences (20:XII) to Small Claims Trial and Pre-Trial Conferences (20:XII): Remove slash

2024-08-07T21:57:42Z

Nate Russell moved page Small Claims Trial/Pre-Trial Conferences (20:XII) to Small Claims Trial and Pre-Trial Conferences (20:XII): Remove slash

← Older revision		Revision as of 21:57, 7 August 2024
(No difference)

LSLAP at 17:53, 7 August 2024

2024-08-07T17:53:09Z

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	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

Clicklaw Editor at 18:49, 19 September 2023

2023-09-19T18:49:24Z

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LSLAP: Explained contents of form 33. Added practical advice for pre-trial conferences re: witness lists

2023-09-08T21:04:04Z

Explained contents of form 33. Added practical advice for pre-trial conferences re: witness lists

Clicklaw Editor: /* A. Trial Conference */

2022-11-23T20:45:37Z

A. Trial Conference

← Older revision		Revision as of 20:45, 23 November 2022
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	* the judge may give a non-binding opinion regarding the probable outcome of the trial (''SCR'', Rule 7.5(14)(j)).		* the judge may give a non-binding opinion regarding the probable outcome of the trial (''SCR'', Rule 7.5(14)(j)).

	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).		There may be consequences for failing to file and serve the Trial Statement on time (see ''SCR'', Rule 20(6); ''Yewchuk 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 ==

← Older revision		Revision as of 21:04, 8 September 2023
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	{{REVIEWED LSLAP \| date= ~~June 24~~, ~~2022~~}}		{{REVIEWED LSLAP \| date= September 8, 2023}}
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	* the focus will be on trial preparation rather than on settlement.		* 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 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 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)). The trial statement form must include 4 sections: a statement of facts, amount claimed and calculation of the amount, a witness list, and the documents intended to be relied on at trial;

	* a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;		* 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 require the parties to jointly retain an expert (''SCR'', Rule 7.5(14)(e)(ii)); and
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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 to pay the defendant a penalty of up to 20 percent 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 practice, it is a good idea to review the witnesses on your list and be prepared to address whether the evidence that each witness will give is redundant or conflicts with any rule of evidence. One of the more common issues that arises is hearsay. 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 percent 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.


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