Offers to settle and pre-trial procedures Flashcards
Which Rule of the Small Claims Court deals with settlement conferences?
Rule 13
What are the two situations in which a court will change the place of trial?
- where the balance of convenience substantially favours holding the trial at another place
- where, when an action is called for trial or settlement conference, the judge finds that the place where the action was commenced is not the proper place of trial
Generally, the place of trial is
where the action was commenced
What is the principal incentive for parties to make reasonable offers to settle?
the cost consequences imposed by rule 14.07 on a party who fails to accept what turns out after trial to have been an offer that should have been accepted before trial.
What form is used for an offer to settle?
Form 14 A
what form is used to accept an offer?
Form 14 B
What form is used for notice of withdrawal of an offer to settle?
Form 14 C
An offer t settle can be made at any time before
the final disposition of the action.
In order for a settlement offer to attract the costs consequences, it must be served
on the party to whom it is made at least 7 days before the commencement of trial
When may an offer to settle be withdrawn?
Before it is accepted by serving on the party to whom it was made a notice of withdrawal. An offer is deemed withdrawn if a date for acceptance was set, and acceptance was not made by this date
Accepting a Rule 14 offer to settle creates
a binding contract
Before issueing an offer to settle, a paralegal has a professional responsibility to
ensure they have instructions from a client who is fully informed about the value of their case and the practical ramifications of issuing the proposed offer to settle.
Offers to settle should include
- claims for principal interest
- oher damages
- payment of costs.W
Where an accepted offer does not deal with costs, Rule 14.05 applies and the plaintiff is only entitled to disbursements
- for offer by defendant, the plaintiff is entitled to their disbursements assessed to the date the plaintiff was SERVED with the offer
- for offer by plaintiff, the plaintiff is entitled to their disbursements assessed to the date of NOTICE OF ACCEPTANCE was served.F
If a party fails to comply with the terms of an accepted offer, Rule 14.06 allows the party to
- make a motion to the court for a judgement to enforce the settlement, or
- continue the proceeding as if there had been no offer to settle
What are the three conditions to be met for the costs award/refused offer rule to apply, for an offer made by the plaintiff?
- the plaintiff obtains a judgement as favourable or more favourable than the terms of the offer to settle
- the offer to settle was made at least 7 days before trial
- the offer to settle was not withdrawn and did not expire before trial
What is the benefit to the plaintiff for making a reasonable offer that is not accepted by the defendant?
The court could double the plaintiff’s costs award.
What are the three conditions to be met for the offer made/costs awarded rule, defendant’s version?
- the plaintiff obtains a judgement as favourable or less favourable than the terms of the offer to settle
- the offer was made at least 7 days before trial
- the offer was not withdrawn and did not expire before trial
What is the benefit to the defendant for making a reasonable offer to settle pre-trial?
The costs award could double, from the date the offer to settle was made
What is the max amount that may be awarded to a self-repp’d party
$500 as compensation for inconvenienve and expense
What are the 5 purposes of a settlement conference?
- to resolve or narrow the issues in the claim
- to expidite the disposition of the clai
- to encourage settlement
- to assist the parties in effective trial preparation, and
- to provide full disclosure of the facts and evidence
The settlement conference should occur
within 90 days after the first defence is filed
At least 14 days before the settlement conference, each party must serve on the others and file with the court two sets of documents:
- a copy of every document to be relied upon at trial that was not attached to a party’s claim or defence, including an expert report or medical reports, and
- a list of proposed witnesses (Form 13A) and a list of other persons with knowledge of the matters in dispute in the claim
Attendance at a settlement conference is
mandatory for all parties/reps, unless a court orders otherwise
attendants of a settlement conference must have
the authority to settle, or the ability to telephone to obtain authority to settle
What are the two consequences that may be imposed for failure to attend a settlement conference?
- appropriate sanctions by way of costs or otherwise
- an order that an additional settlement conference be held, if necessary
If a defendant fails twice to attend settlement conferences, the court may
- strike out the defence and dismiss the defendant’s claim, if any, and allow the plaintiff to prove his or her claim
- make another order as is just
An order made at a settlement conference shall be
served by the clerk by mail/fax to each party not present at the settlement conference witin 10 DAYS after it was signed by the judge
A judge may order a final judgement at the settlement conference where the matter in dispute is
for an amount under the appealable limit ($3,500) and each party signs a consent (Form 13B)
At the end of a settlement conference where there is no settlement, the court prepares
a memo summarizing:
- recommendations under Rule 13.04
- issues in dispute at trial
- matters agreed upon by the parties
- relevant evidentiary matters
- information re scheduling the next steps of the claim
The Small Claims Court is prioritizing scheduling of matters where a defence was filed
before April 21, 2021
The costs of a settlement conference, exclusive of disbursements, shall not exceed
$100, unless othersie ordered by the court
After a settlement conference, the clerk shall serve each party with a notice stating that one party must
request a trial date if the claim is not disposed of within 30 days after the settlement conference.
What is the fee for fixing a trial date?
$290, $380 for a frequent claimant
What are the two conditions necessary for a clerk to then fix a trial date?
- a settlement conference has been held
- a party has requested that the clerk fix a date for trial and paid the fee
A trial date must be set within
two years of the claim being issued, or it will be dismissed by the clerk.
Since July 23, 2021, the Small CLaims Court is
scheduling virtual trials via Zoom and not dismissing actions for delay until further notice
