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

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(Created page with "{{LSLAP Manual TOC|expanded = smallclaims}} == A. Trial Conference == A trial conference only applies to claims at the Vancouver (Robson Square) registry. Parti...")
 
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== B. Pre-Trial Conference ==
== B. Pre-Trial Conference ==


At most registries, a pre-trial conference will be scheduled for claims with trials that are scheduled to be  longer  than  one  half-day.    In  many  ways  this  is  similar  to  a  settlement  conference.  There  are basically  no  rules  for  pre-trial  conferences.  The  general  purpose  is  to  ensure  that  the  parties  are prepared for trial, that all orders have been complied with, that all disclosure has been made, and that all witnesses will attend the trial. The judge will try to narrow the number of witnesses to reduce court time.  In  addition,  the  judge  will  review  the  admissibility  of  documentary  evidence,  particularly  that  of written  evidence.  The  judge  will  also  ensure  that  the  matter  falls  within  the  jurisdictional  limits  of  the Small Claims Court and that the claim is not beyond its limitation period. Finally, even at this late date, the judge will encourage  the claimants  and defendants  to  settle  the  matter. The  parties  may receive an order  allowing  another  30  days  after  the  pre-trial conference  to  serve a  formal  settlement  offer  to  the opposing  party.  The  offer  to  settle  must  be  made  according  to  Rule  10.1  and  penalties  may  apply  to parties  who  refuse  the formal offer to  settle. For example, if  the court after  trial grants the claimant a
At most registries, a pre-trial conference will be scheduled for claims with trials that are scheduled to be  longer  than  one  half-day.    In  many  ways  this  is  similar  to  a  settlement  conference.  There  are basically  no  rules  for  pre-trial  conferences.  The  general  purpose  is  to  ensure  that  the  parties  are prepared for trial, that all orders have been complied with, that all disclosure has been made, and that all witnesses will attend the trial. The judge will try to narrow the number of witnesses to reduce court time.  In  addition,  the  judge  will  review  the  admissibility  of  documentary  evidence,  particularly  that  of written  evidence.  The  judge  will  also  ensure  that  the  matter  falls  within  the  jurisdictional  limits  of  the Small Claims Court and that the claim is not beyond its limitation period. Finally, even at this late date, the judge will encourage  the claimants  and defendants  to  settle  the  matter. The  parties  may receive an order  allowing  another  30  days  after  the  pre-trial conference  to  serve a  formal  settlement  offer  to  the opposing  party.  The  offer  to  settle  must  be  made  according  to  Rule  10.1  and  penalties  may  apply  to parties  who  refuse  the formal offer to  settle. For example, if  the court after  trial grants the claimant a sum that is equal to or less than the defendant’s formal settlement offer, the claimant can be ordered topay the defendant a penalty of up to 20 per cent of the settlement offer. It  is  not  uncommon  for  Judges  at  a  pre-trial  conference  to  decide  the  case  based  on  the  law  without hearing any evidence. Some consider this  to  be an improper use  of  pre-trial conferences. However, as stated above, there are no rules governing pre-trial conferences so you should be aware of this going into a pre-trial conference.

Revision as of 22:49, 4 July 2016



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:

  • 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 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 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 give a non-binding opinion regarding the probable outcome of the trial242.

There may be consequences for failing to file and serve the Trial Statement on time243.

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

At most registries, a pre-trial conference will be scheduled for claims with trials that are scheduled to be longer than one half-day. In many ways this is similar to a settlement conference. There are basically no rules for pre-trial conferences. The general purpose is to ensure that the parties are prepared for trial, that all orders have been complied with, that all disclosure has been made, and that all witnesses will attend the trial. The judge will try to narrow the number of witnesses to reduce court time. In addition, the judge will review the admissibility of documentary evidence, particularly that of written evidence. The judge will also ensure that the matter falls within the jurisdictional limits of the Small Claims Court and that the claim is not beyond its limitation period. Finally, even at this late date, the judge will encourage the claimants and defendants to settle the matter. The parties may receive an order allowing another 30 days after the pre-trial conference to serve a formal settlement offer to the opposing party. The offer to settle must be made according to Rule 10.1 and penalties may apply to parties who refuse the formal offer to settle. For example, if the court after trial grants the claimant a sum that is equal to or less than the defendant’s formal settlement offer, the claimant can be ordered topay the defendant a penalty of up to 20 per cent of the settlement offer. It is not uncommon for Judges at a pre-trial conference to decide the case based on the law without hearing any evidence. Some consider this to be an improper use of pre-trial conferences. However, as stated above, there are no rules governing pre-trial conferences so you should be aware of this going into a pre-trial conference.