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

A settlement conference is scheduled for 30 to 60 minutes before a judge in a conference room at the courthouse. The judge at the  settlement/trial conference will not be the judge at trial, if a trial is necessary. The parties will sit at a table with the judge. The judge will say a few words and ask each party to give a brief summary of their case. The judge may then lead both the claimant and defendant into a discussion on what, if anything, the parties can agree on. If the parties agree on the final result, the judge will make the order. However,  the parties may agree on some issues and leave issues in dispute to be resolved at trial. The judge will assess how much time is required for trial.  

A judge at a settlement conference may make any order for the just, speedy, and inexpensive resolution of the claim (Rule 7(14)). This includes  mediating and making orders regarding admissibility of evidence, inspections of evidence, or production of evidence to the other party. The judge may also dismiss a claim that discloses no triable issue, is without reasonable grounds, is frivolous, or is an abuse of the court’s process. (See Rule 7(14)((i); ''Belanger v AT&T Canada Inc.'', [1994] BCJ No. 2792; ''Cohen v Kirkpatrick'', 1993 CanLII 2059 (BCSC); and ''Artisan FloorCo. v Lam'', 1993 CanLII 2138 (BCSC)). Examples include claims that are outside the court’s jurisdiction, where the claimant  presents no evidence, or where the limitation period at the date of filing the Notice of Claim had expired. A judge cannot dismiss a case at the settlement conference on the basis of issues relating to the credibility of witnesses or evidence.  

A judge may also order that multiple claims be heard at the same time, or consolidated into one claim. (See ''Schab v Active Bailiff Service Ltd.'', [1993] BCJ No. 2936). The distinction is important. Claims heard at the same time may each individually be awarded up to $25,000,  while claims which are consolidated into one claim may only be awarded $25,000 combined.

Any agreement valid under contract law can result in a binding settlement. Agreements entered into by lawyers with their client's knowledge  and consent are binding but can be set aside in some circumstances. (See ''Harvey v British Columbia Corps of Commissionaires'', 2002 BCPC 69 (CanLII)). If all claims are not settled, the parties should acquire a record of the settlement conference, which may outline all of the issues in the case, all admissions, the number of witnesses, the anticipated length of trial, and anything that must be disclosed.  

'''NOTE:''' If the settlement pertains to an action against a lawyer for which a complaint has been filed with the Law Society, a party cannot  use complaint withdrawal as a bargaining technique; it is improper during settlement negotiations to offer to withdraw a complaint against a lawyer as a part of the settlement. (See ''Gord Hill Log Homes Ltd. v Cancedar Log Homes'', 2006 BCPC 480 (CanLII)).