Difference between revisions of "Small Claims Trials (20:XIV)"

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(Created page with "{{LSLAP Manual TOC|expanded = smallclaims}} A trial is often very difficult, stressful, and unpredictable. If possible, it is generally in the best interests of all parties...")
 
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== B. Summary Trial for Financial Debt ==
== B. Summary Trial for Financial Debt ==


At the Vancouver (Robson Square) registry, financial debt claims will be set for a half-hour summary trial before a judge. Financial debt claims are claims in which one of the parties is in the business of loaning money or extending credit.  Often, little in the way of defence can be offered  in situations of financial debt and the summary trial may in some ways come to resemble a payment hearing. Where a defence  with  some  merit  is  advanced,  the  judge  may  send  the  claim  to  mediation,  order  a  trial conference, or order a traditional trial259. The judge may conduct the trial without complying with the
At the Vancouver (Robson Square) registry, financial debt claims will be set for a half-hour summary trial before a judge. Financial debt claims are claims in which one of the parties is in the business of loaning money or extending credit.  Often, little in the way of defence can be offered  in situations of financial debt and the summary trial may in some ways come to resemble a payment hearing. Where a defence  with  some  merit  is  advanced,  the  judge  may  send  the  claim  to  mediation,  order  a  trial conference, or order a traditional trial259. The judge may conduct the trial without complying with the formal  rules  of  evidence  or  procedure260.  Note  the  rules  requiring  early  disclosure  of  all  relevant documents261.
 
== C. Regular Trial ==
 
Rule 10 trials are held at all registries and are the most common form of small claims trial.
 
=== 1. Courtroom Etiquette ===
 
*Be on time. If you are late, apologize and be prepared to give an excellent explanation.
*Introduce yourself and state your name clearly. Remember to spell your surname for the record.
*Use simple words; do not use “legalese”.
*Do  not  speak  directly  with  opposing  parties.  Make  submissions  only  to  the  judge  and have him or her ask questions to the opposing party.
*Never call witnesses by their given name. Use Mr., Ms., Miss, or Mrs. followed by their last name.
*A  judge  of  the  Provincial  Court  is  referred  to  as “Your  Honour”  and  the  clerk  is referred to as “Madame Clerk” or “Mister Clerk”. When referring to another party, use Mr., Ms., Miss, or Mrs. followed by their last name or refer to them according to their status in the claim (e.g., the defendant).
*Generally  you  should  limit  objections  to  issues  that  are  of  central  importance  to  your case.  If  you  have  an  objection,  stand  up  quickly  and  say “objection”.    The  judge  will acknowledge you and may ask for the reason you are objecting.
 
=== 2. Court Room Layout ===
 
The  judge’s  bench  is  usually  elevated  above  the  rest  of  the  court  so  the  judge  has  a  good view of the proceedings. The litigants’  table is in front of the judge, and the parties will come and sit there when their case is called. Often there is a raised lectern to hold papers when a litigant stands to ask questions. The court clerk’ s table is beside the witness box and between the litigants’  table and the judge’ s bench. The witness box will be on either the judge’ s left or right. The public gallery will fill up the remaining part of the courtroom.  Parties will wait in the gallery until their case is called. There  will  be  microphones  throughout.    They  do  not  amplify  your  voice  and  are  for recording purposes only. Speak at a moderate speed and project your voice. 3.Check-In Procedure The  court  clerk  will  ask  ahead  of  time  for  the  names  of each  party  and,  if  they  have  one, their lawyer. Each party must tell the court clerk or judge as soon as possible if there are any preliminary  motions  or  applications  that  should  be  heard  first,  whether  there  are  any problems with witnesses and possible delays, and whether the number of witnesses or issues has  changed  from  the  settlement  conference.  This  will help  to  determine  the  schedule  of cases for the day and avoid as many delays as possible. If all matters on a given day proceed to trial, the courtroom will often be overbooked, and you will  be  asked  about  the  urgency  of  your  trial.  If  you  are  not  heard  first,  you  may  be  given  a choice to wait and see if another judge becomes available, or to adjourn to another date. If the trial has been previously adjourned, or expert or out of town witnesses are present, the trial will likely be given priority.

Revision as of 23:21, 4 July 2016



A trial is often very difficult, stressful, and unpredictable. If possible, it is generally in the best interests of all parties to settle. However, if the matter cannot be resolved at the settlement/trial conference, a trial will be scheduled255. The notice of trial will be sent by mail to the parties’ address on file. If a claimant does not attend the trial, the claim will be dismissed. If a defendant or third party does not attend, the claim will be allowed and judgment granted against the absent party.

Statements made by the claimants or the defendants at the settlement/trial conference are protected by settlement privilege and cannot be used at trial. A statement made during the settlement/trial conference is not admissible in cross-examination. Also, the judge at the settlement/trial conference will not be the trial judge. This allows the parties to discuss all issues without fear that their statements will be used against them 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 familiarise themselves with the correct procedure.

A. Simplified Trial for Claims up to $5,000

A Rule 9.1 simplified trial is set for one hour before an adjudicator. An adjudicator will usually be a justice of the peace but may occasionally be a judge. A justice of the peace adjudicator is referred to as “Your Worship”. Simplified trials are held in the evening in Vancouver and during the day in Richmond.

The parties must each file a Trial Statement at least 14 days before the trial date and serve each other party at least 7 days before the trial256. There are penalties for failing to comply to comply with these timelines257.

The trial does not need to comply with formal rules of procedure and evidence258. The adjudicator will ask questions and control the proceedings to stay within the one-hour timeframe.

B. Summary Trial for Financial Debt

At the Vancouver (Robson Square) registry, financial debt claims will be set for a half-hour summary trial before a judge. Financial debt claims are claims in which one of the parties is in the business of loaning money or extending credit. Often, little in the way of defence can be offered in situations of financial debt and the summary trial may in some ways come to resemble a payment hearing. Where a defence with some merit is advanced, the judge may send the claim to mediation, order a trial conference, or order a traditional trial259. The judge may conduct the trial without complying with the formal rules of evidence or procedure260. Note the rules requiring early disclosure of all relevant documents261.

C. Regular Trial

Rule 10 trials are held at all registries and are the most common form of small claims trial.

1. Courtroom Etiquette

  • Be on time. If you are late, apologize and be prepared to give an excellent explanation.
  • Introduce yourself and state your name clearly. Remember to spell your surname for the record.
  • Use simple words; do not use “legalese”.
  • Do not speak directly with opposing parties. Make submissions only to the judge and have him or her ask questions to the opposing party.
  • Never call witnesses by their given name. Use Mr., Ms., Miss, or Mrs. followed by their last name.
  • A judge of the Provincial Court is referred to as “Your Honour” and the clerk is referred to as “Madame Clerk” or “Mister Clerk”. When referring to another party, use Mr., Ms., Miss, or Mrs. followed by their last name or refer to them according to their status in the claim (e.g., the defendant).
  • Generally you should limit objections to issues that are of central importance to your case. If you have an objection, stand up quickly and say “objection”. The judge will acknowledge you and may ask for the reason you are objecting.

2. Court Room Layout

The judge’s bench is usually elevated above the rest of the court so the judge has a good view of the proceedings. The litigants’ table is in front of the judge, and the parties will come and sit there when their case is called. Often there is a raised lectern to hold papers when a litigant stands to ask questions. The court clerk’ s table is beside the witness box and between the litigants’ table and the judge’ s bench. The witness box will be on either the judge’ s left or right. The public gallery will fill up the remaining part of the courtroom. Parties will wait in the gallery until their case is called. There will be microphones throughout. They do not amplify your voice and are for recording purposes only. Speak at a moderate speed and project your voice. 3.Check-In Procedure The court clerk will ask ahead of time for the names of each party and, if they have one, their lawyer. Each party must tell the court clerk or judge as soon as possible if there are any preliminary motions or applications that should be heard first, whether there are any problems with witnesses and possible delays, and whether the number of witnesses or issues has changed from the settlement conference. This will help to determine the schedule of cases for the day and avoid as many delays as possible. If all matters on a given day proceed to trial, the courtroom will often be overbooked, and you will be asked about the urgency of your trial. If you are not heard first, you may be given a choice to wait and see if another judge becomes available, or to adjourn to another date. If the trial has been previously adjourned, or expert or out of town witnesses are present, the trial will likely be given priority.