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Difference between revisions of "Small Claims Settlement Conferences (20:XI)"
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Small Claims Settlement Conferences (20:XI) (view source)
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A judge at a settlement conference may make any order for the just, speedy, and inexpensive resolution of the claim (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. (See Rule 7(14)((i); ''Belanger v AT&T Canada Inc.'', [1994] BCJ No. 2792; ''Cohen v Kirkpatrick'', 1993 CanLII 2059 (BCSC); and ''Artisan FloorCo. v Lam'', 1993 CanLII 2138 (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 (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. (See Rule 7(14)((i); ''Belanger v AT&T Canada Inc.'', [1994] BCJ No. 2792; ''Cohen v Kirkpatrick'', 1993 CanLII 2059 (BCSC); and ''Artisan FloorCo. v Lam'', 1993 CanLII 2138 (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 may also order that multiple claims be heard at the same time, or consolidated into one claim. (See ''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 $ | A judge may also order that multiple claims be heard at the same time, or consolidated into one claim. (See ''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. | ||
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. (See ''Harvey v British Columbia Corps of Commissionaires'', 2002 BCPC 69 (CanLII)). 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 trial, and anything that must be disclosed. | 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. (See ''Harvey v British Columbia Corps of Commissionaires'', 2002 BCPC 69 (CanLII)). 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 trial, and anything that must be disclosed. | ||
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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 ''Halliday v McCulloch'', 1986 | '''NOTE:''' For case law relating to the disclosure of medical documents and ethical obligations of physicians to their patients see ''Halliday v McCulloch'', [1986] BCJ No 223 (BC CA), ''Hope v Brown'', [1990] BCJ No. 2586, ''Davies v Milne'', 1999 CanLII 6654 (BC SC), and ''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 ''Huang (litigation guardian of) v Sadler'', [2006] BCJ No. 758 and ''Wong v Antunes'', | '''NOTE:''' For case law on obtaining disclosure from the Crown (e.g., from a related criminal case) in a civil case see ''Huang (litigation guardian of) v Sadler'', [2006] BCJ No. 758 (BCSC) and ''Wong v Antunes'', 2008 BCSC 1739. 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 ''Watts v Klaemt'', 2007 BCSC 662 and ''Cam v Hood'', 2006 BCSC 842. For case law on obtaining evidence from third parties see ''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. | ||
