Small Claims Trial/Pre-Trial Conferences (20:XII)

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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