Difference between revisions of "Small Claims Settlement Conferences (20:XI)"

Settlement conferences are held in all court registries except for Vancouver (Robson Square).Settlement conferences are mandatory for all  cases except motor vehicle accident cases where only liability for property damage is disputed, or if rule 7.4, 7.5, 9.1 or 9.2 applies to the claim221.  

The registry will serve the parties by mail with a Notice of Settlement Conference (Form 6) at least 14 days in advance222.  

All parties, with or without legal representation, must attend the settlement conference, although there is a limited exception for certain  motor vehicle claims223. If a party is not an individual (e.g., a company), someone who has authority to settle the claim for the  company must attend224. 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 elephone  if an application is made to and approved by the Registrar prior to the date set for the conference225. 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 order226. If a party attends but is unprepared, a judge may order the unprepared party to pay the other party’s reasonable costs227.  

Witnesses cannot attend except in unusual and exceptional cases. A witness who does attend the settlement conference will usually be asked to wait outside.   

Each party must bring to a settlement conference '''all relevant documents and reports''' whether the party intends to use them at trial or  not228. Documents include any contracts, invoices, bills of sale, business records, photographs, and summaries of what each witness  will say in court (“will-say” statements).  

Each party should prepare a brief chronological summary of its case and support it with evidence. Claimants should bring more than one written  estimate or quote, if there is a large sum of money involved.  

If the claim is for personal injury, the claimant must file and serve a Form 7 certificate of readiness and required records229 before a settlement conference will be scheduled. There can be consequences for failing to file the certificate of readiness on time230.