Difference between revisions of "Small Claims Settlement Conferences (20:XI)"
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{{REVIEWED LSLAP | date= August 6, 2021}} | {{REVIEWED LSLAP | date= August 6, 2021}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
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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)). | ||
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 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)). | ||
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. | ||