2,734
edits
Difference between revisions of "Small Claims Settlement Conferences (20:XI)"
From Clicklaw Wikibooks
Small Claims Settlement Conferences (20:XI) (view source)
Revision as of 20:38, 23 November 2022
, 20:38, 23 November 2022→C. What May Happen
| Line 32: | Line 32: | ||
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 == | ||
