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Difference between revisions of "Small Claims Trial/Pre-Trial Conferences (20:XII)"

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== A. Trial Conference ==
== A. Trial Conference ==


A trial conference only applies to claims at the Vancouver (Robson Square) registry. Parties should read the settlement conference section of  this guide for general advice regarding the purpose of, preparation for, and conduct of a trial conference. A trial conference is similar to a  settlement conference with a few notable exceptions, such as:  
A trial conference only applies to claims at the Vancouver (Robson Square) registry. Parties should read the settlement conference section of  this guide for general advice regarding the purpose of, preparation for, and conduct of a trial conference. A trial conference is similar to a  settlement conference with a few notable exceptions, such as:  
*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 behalf239;  
*a party does not have to attend if a lawyer, articling student, or other representative attends on that party’s behalf (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 conference240;  
*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 (Rules 7.5(9) and (10));  
*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 expert241; and  
*the judge may require the parties to jointly retain an expert (Rule 7.5(14)(e)(ii)); and  
*the judge may give a non-binding opinion regarding the probable outcome of the trial242.  
*the judge may give a non-binding opinion regarding the probable outcome of the trial (Rule 7.5(14)(j)).  


There may be consequences for failing to file and serve the Trial Statement on time243.  
There may be consequences for failing to file and serve the Trial Statement on time. (See 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).  
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 ==