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Difference between revisions of "Small Claims Trials (20:XIV)"
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Small Claims Trials (20:XIV) (view source)
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 12, 2022}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
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Parties should remember that settlement is possible at any time before the judge decides the case. This includes after evidence and arguments are heard at trial. | Parties should remember that settlement is possible at any time before the judge decides the case. This includes after evidence and arguments are heard at trial. | ||
Parties should watch at least one trial in order to | Parties should watch at least one trial in order to familiarize themselves with the correct procedure. | ||
== A. Simplified Trial for Claims: $5,001 - $10,000 == | == A. Simplified Trial for Claims: $5,001 - $10,000 == | ||
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A witness should not allow the cross-examiner to misconstrue their evidence. If a question is unclear, the witness should ask for clarification. Only the question asked should be answered and additional information should not be volunteered. It is okay if the witness does not know the answer to a question; the witness should not guess the answer. | A witness should not allow the cross-examiner to misconstrue their evidence. If a question is unclear, the witness should ask for clarification. Only the question asked should be answered and additional information should not be volunteered. It is okay if the witness does not know the answer to a question; the witness should not guess the answer. | ||
'''NOTE:''' Parties | '''NOTE:''' Parties must not speak to their witnesses after cross-examination and before or during re-examination about the evidence or issues in the case without the court’s permission (''[http://canlii.ca/t/1f6s8 R. v Montgomery]'', 1998 CanLII 3014 (BCSC)). If such a discussion occurs, the witness’ evidence may be tainted and the court may not believe it. | ||
=== 8. Re-Examination === | === 8. Re-Examination === | ||
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== D. CRT- Tribunal Process == | == D. CRT- Tribunal Process == | ||
The CRT hearing process is different as its hearings are | The CRT hearing process is different as its hearings are generally done in writing. These hearings occur if the parties do not reach an agreement in the negotiation and facilitation stages. | ||
In preparation for the hearing, a case manager will help each party access the online platform and create a Tribunal Decision Plan. During this process, parties will be provided with a timeline for when to provide evidence and arguments to the CRT member. | In preparation for the hearing, a case manager will help each party access the online platform and create a Tribunal Decision Plan. During this process, parties will be provided with a timeline for when to provide evidence and arguments to the CRT member. | ||
As per the CRT Rules, parties must provide all relevant evidence to the CRT, even if it might hurt their case (''CRT Rules (effective May 1, 2021)'', Rule 8.1(1)). In fact, it is an offence under the ''Civil Resolution Tribunal Act'' to provide false or misleading information to the CRT. Evidence should be relevant and may include contracts, correspondence, photos/videos, and statements; see the CRT webpage “Evidence” at https://civilresolutionbc.ca/ | As per the CRT Rules, parties must provide all relevant evidence to the CRT, even if it might hurt their case (''CRT Rules (effective May 1, 2021)'', Rule 8.1(1)). In fact, it is an offence under the ''Civil Resolution Tribunal Act'' to provide false or misleading information to the CRT. Evidence should be relevant and may include contracts, correspondence, photos/videos, and statements; see the CRT webpage “Evidence” at https://civilresolutionbc.ca/help/what-is-evidence/. The total evidence should be presented in a digital copy, ideally, such as a Word document or a PDF. Keep in mind the maximum size per file is 250MB. If you need to upload a larger file, see https://civilresolutionbc.ca/contact-us. If a party seeks to alter the evidence, such as highlighting a pertinent section, the party must add a description of what alterations they made for the tribunal. | ||
Parties will have a chance to respond to evidence and arguments by the opposing party or parties; see the CRT webpage “Get a CRT Decision” at https://civilresolutionbc.ca/tribunal-process/tribunal-decision-process/. Parties seeking to submit expert evidence do so at this time. Expert evidence is evidence from a party not involved in the dispute with some experience with the specific disputed problem; it can be helpful to a case. This evidence should be in the form of a written opinion or statement. Parties that submit expert evidence must also submit any correspondence that they had with that expert about the requested opinion. | Parties will have a chance to respond to evidence and arguments by the opposing party or parties; see the CRT webpage “Get a CRT Decision” at https://civilresolutionbc.ca/tribunal-process/tribunal-decision-process/. Parties seeking to submit expert evidence do so at this time. Expert evidence is evidence from a party not involved in the dispute with some experience with the specific disputed problem; it can be helpful to a case. This evidence should be in the form of a written opinion or statement. Parties that submit expert evidence must also submit any correspondence that they had with that expert about the requested opinion. | ||
The CRT member will then make a decision based on the evidence and arguments. Their decision does not include communications between parties from the negotiation and facilitation phases as those are confidential. The decision is usually available online, in writing. This final decision is binding and enforceable. For more information about the process, visit https://civilresolutionbc.ca/ | The CRT member will then make a decision based on the evidence and arguments. Their decision does not include communications between parties from the negotiation and facilitation phases as those are confidential. The decision is usually available online, in writing. This final decision is binding and enforceable. For more information about the process, visit https://civilresolutionbc.ca/help/what-is-a-final-decision/. | ||
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