Difference between revisions of "Rules Promoting Settlement in Family Matters"

You can make an offer to settle at any time during a court proceeding. A formal offer to settle under [http://canlii.ca/t/53h1z Rule 11-1] of the Supreme Court Family Rules has special potential costs consequences if the trial proceeds and the decision of the judge is not as favourable as the offer.  

*be in writing;

*be served on all parties in the proceeding; and  

*contain the following sentence:  "The...[party(ies)]..., ...[name(s) of party(ies)]..., reserve(s) the right to bring this offer to the attention of the court for consideration in relation to costs after the court has pronounced judgment on all other issues in this proceeding."

The incentive of formal offers to settle is to encourage parties to make reasonable offers and for parties to accept reasonable offers. A party receiving a formal offer to settle needs to consider the risks of proceeding to trial. If the offer is as good as or better than what the judge decides, the party who made a reasonable offer may be awarded double or extra costs from the date of the offer on if that party is successful at trial. A party who did not accept a reasonable offer that is as good as or better than what the judge decides may be denied costs even if they were successful at trial.

*whether the offer to settle was one that ought reasonably to have been accepted, either on the date that the offer to settle was delivered or on any later date;

*the relationship between the terms of settlement offered and the final judgment of the court;

*the relative financial circumstances of the parties;  and

For more information on making an offer to settle see the Legal Services Society guide [http://familylaw.lss.bc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/making-offer-settle Making an offer to settle]

There are fewer incentives in the Provincial Court Rules for settlement. Costs are not payable in Provincial Court, except that a judge has the discretion under [http://canlii.ca/t/53lfk Rule 11] to order the party requiring the expert's attendance pay for an expert’s attendance at court if the judge determines that it was unnecessary to call the person to attend.  

Family case conferences may be ordered by a judge if guardianship, parenting arrangements or contact with a child are contested issues. A judge has a number of powers at a family case conference that can assist with settlement including mediate any of the issues in dispute and without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial. To set a family case conference you can request one by bringing a notice of motion. For further information see the section Family Case Conferences in [[Case Conferences in a Family Matter | Case Conferences]] and for a summary of how to schedule a case conference, see [[How Do I Schedule a Family Case Conference for Hearing?]].

*[http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf Supreme Court website: Litigants' Guide to Judicial Case Conferences]