Difference between revisions of "How Small Claims Proceed (20:VIII)"

* Settlement conferences, trial conferences, and applications and payment hearings scheduled on or after July 3rd, 2020, are proceeding by audio or videoconference. As of May 25, 2021, the default for small claims trial conferences, settlement conferences, applications to a judge, and payment hearings, is by telephone or Teams audioconference or videoconference, unless a judge or judicial justice otherwise orders or directs. The default forms for small claims trials, including Rule 9.1 simplified trials and Rule 9.2 summary trials, and Rule 13 default hearings is in person, unless a judge otherwise orders or directs (Provincial Court of BC website at https://www.provincialcourt.bc.ca/COVID19). For details about virtual conference and hearing, visit https://www.provincialcourt.bc.ca/COVID19-Conferences.

Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 may initiate Rule 7.3 of the ''SCR'' which is mediation. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10 of the ''SCR''.

Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 '''may''' initiate Rule 7.3 of the ''SCR'' which is mediation. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10 of the ''SCR''.

The Civil Resolution Tribunal is designed to facilitate dispute resolution in a way that is accessible, fast, economical and flexible. It relies heavily on electronic communication tools. It focuses on resolution by agreement of the parties first, and by the tribunal’s binding decisions if no agreement is reached.

Adjudicators will decide most cases by reviewing the evidence and arguments submitted through the tribunal’s online tools. Tribunal members may have their staff request additional evidence via email; however, this is rare. The tribunal member may order a telephone, video or face-to-face hearing if warranted by the circumstances. Again, this is rare, and if parties seek such a hearing, they should request it during their case management. The tribunal can determine all matters relating to the tribunal decision process and, if at any time before or during the tribunal decision process, the tribunal decides that a dispute requires further facilitation, it can refer the dispute back to facilitation, and suspend the tribunal decision process until a facilitator refers the dispute back to the tribunal decision process.