Bc Small Claims Court Settlement Conference

A trial conference is a hearing that takes place after a mediation meeting or settlement conference, if ordered by a judge, or for a claim where the proceedings were initiated by filing a notice of the Civil Resolution Tribunal`s lawsuit and the RTA issued a certificate of completion following a final decision in which all parties had submitted a response. If you don`t follow a trial conference order, a judge might: If you`ve seen televised trials or even lawyers in real courtrooms, you`ll have seen cross-examination that was used both to prove a case and highlight weaknesses in the other party`s case. You will attend the conference with the judge. Your notification will tell you if you will show up remotely or in person. If you show up remotely, you will receive instructions on how to contact the judge for your conference. If you appear in person, you will appear in a courthouse and the conference can be held in a meeting room, if possible, or in a courtroom. Whatever your performance, the conference is a private meeting. There are some differences. A settlement conference and a trial conference are a private discussion between the parties with the support of the judge. The Settlement Conference focuses more on problem solving and reaching an agreement. The study conference focuses on the planning of the study.

A judge may choose to discuss the rules and schedule the trial at both types of conferences. A trial is a public trial in which each party communicates its own version of the case to a judge who makes a binding decision. Discuss issues with your witnesses in advance. It doesn`t matter if you discuss the matter with them, but you`re not allowed to tell them what to say. Be sure to tell them this so they don`t feel ashamed when asked in court if they discussed the case with you. Description: Small Claims Court Rule for the Introduction of Mandatory Settlement and Litigation Conferences. For cases initiated by a statement of claim, you will receive either a notice of settlement conference or a notice of claim by mail or email from the court office. The notification will tell you the date, time, and method you`ll be attending, which will likely be done remotely via audio conference or video conference (with MSTeams). The notice will also tell you when and how the documents you refer to at the conference should be submitted to the judge and other parties. In most cases, there will be a comparative conference. If your case is a traffic accident and only liability for property damage is disputed, you will go directly to court. You don`t need to hold a comparison conference.

If you are the applicant, be prepared to briefly tell the judge first what it is. Don`t forget to mention everything that was agreed at the comparative conference or afterwards. At the settlement/trial conference, the parties sit at the same table as a judge. The judge will say a few words and ask each party to give a brief summary of their case. The judge can then bring the plaintiff and the defendant to a discussion about what the parties can agree on, if any. When the parties agree on the final outcome, the judge makes the order. However, the parties can agree on certain issues and have disputes resolved at trial. The judge will judge the time needed for the trial (small claims at 28-29). Description of reforms: Comparative conferences are mandatory in all non-pilot project registers, in all cases, with the exception of road accidents, where only liability for property damage is contested (Rule 7(2)). At a settlement conference, a judge may make any order for the fair, expeditious and cost-effective resolution of the claim (SCR, Rule 7(14)).

This includes mediation and ordering the admissibility of evidence, inspection of evidence, or presentation of evidence to the other party. The judge may also dismiss an action that does not disclose a valid question, is unfounded, frivolous or constitutes an abuse of judicial process (SCR Rule 7(14)(i); Case v. AT&T Canada Inc., [1994] BCJ No. 2792; Cohen v. Kirkpatrick, 1993 CanLII 2059 (BCSC); and Artisan Floor Co.c. Lam, [1993] 76 BCLR (2d) 384 (BCSC)). Examples include claims outside the jurisdiction of the court where the claimant does not provide evidence or where the limitation period has expired on the day the claim is filed. A judge cannot dismiss a case at the settlement conference on the basis of issues related to the credibility of witnesses or evidence. Rule 7(6) – Conference Fees Not Prepared At the Settlement Conference, we agreed that I would withdraw my claim for carpet damage and reduce my claim to the Chair to $150. After the settlement conference, we met and agreed that the repair could be done for $3,500. I have a new estimate from someone that the defendant suggested. Overall, I am requesting an order for $3,650.

In family law, it is usually a party who receives a portion of the property in question before the property has been definitively divided by court order or agreement of the parties, usually to pay that person`s attorney`s fees. If you are unable to settle your case, the settlement conference judge can begin discussing the type of evidence each party would need to prove their case. The judge may order the parties to exchange copies of documents or other evidence and to make other procedural orders, such as attending a trial conference. If you want to use a written letter or report, ask the person to create a letter outlining their qualifications, opinion, and the facts on which the opinion is based. Then send the other party a copy of the report or letter at least 30 days before the court date. If you do not, the same rule applies as for failure to give a prior summary of an expert`s statement. We`ll be using the same roofer we talked about in Guide #2 – Small Claims Litigation. Let`s say you`re a roofer who is sued for damage caused by a leaking roof. You could ask the judge to issue an order for a home inspector of your choice to be allowed to inspect the home. The inspector was then able to testify about the alleged damage. (1) A draft of a document, (2) an order made as a result of the judgment and submitted to the court for approval, or (3) for the preparation or drawing of a legal document. Sometimes it is not practical for a party to attend the courthouse where the settlement conference is being held.

Some may be sick, in hospital or working in another city. If a party cannot be physically present, they may make arrangements by telephone to attend the comparative conference. Article 17(16) allows for this. The procedure is to call the Small Claims Court Registry well in advance of the appointment and to speak with the Registrar of Small Claims. The Registrar verifies whether the reason for the non-personal participation is valid. If the Registrar agrees, he or she will arrange for one party to be present by telephone, while the other party is (usually) present in person and in the same room as the judge. Do you agree to pay what the applicant claims, but simply cannot pay everything at once? If this is the case, submit proof of your financial situation (p.B. current pay slips and last year`s tax return) in the manner indicated by the registry. Then tell the judge the terms of payment you would need. If you can pay for something right away, so much the better. A trial conference is a brief court appearance to ensure that all parties and the court are ready for trial. Not all cases will have a trial conference.

If you are unable to resolve your case at the settlement conference, the judge may ask you and the other party to attend a trial conference. If your case started before the Civil Resolution Tribunal, you probably won`t hold a settlement conference and instead go straight to a trial conference. When a test conference is defined, you receive a notification about the test conference. If you have witnesses, chances are they will voluntarily go to court. If not, you can obtain a subpoena for the witness form at the Small Claims Court Registry. If served on the witness accompanied by an offer to cover reasonable travel expenses at least seven days before the court date, the person is legally required to participate. If the claim is a bodily injury, the claimant must submit and provide a Certificate of Preparation Form 7 and the necessary records prior to a comparative conference (SCR, Rule 7(5)). There may be consequences if the certificate of preparation is not submitted on time (SCR, Rule 7(5)). It is a very good idea to talk to a lawyer about your case before the settlement conference. A lawyer can assess your chances of success when your case goes to court, inform you of any additional evidence you need, and suggest appropriate settlement options. For help finding a lawyer or legal advisor, see Clicklaw`s help. It includes free or low-cost options.

If it seems unlikely that the parties will agree on a way to resolve the dispute, the judge may begin to discuss the type of evidence each party would need to prove their case. .

Comments are closed.