Pre-Action Conduct Flashcards
1
Q
What are Pre-Action protocols?
A
Pre-Action protocols set out steps parties should take before commencing proceedings
2
Q
What is the purpose of Pre-Action protocols?
A
Information exchanged
- to understand eachother’s position
- to make decisions about how to proceed
- try to settle without litigation
- consider ADR
3
Q
TRUE OR FALSE: Courts may require parties to provide evidence that ADR was considered?
A
TRUE
4
Q
What may happen if a party is silent in response to an invitation to participate in ADR?
A
may be considered unreasonable and may be ordered to pay additional costs
5
Q
TRUE OR FALSE: Parties should continue to consider possibility of reaching settlement at all times, including after proceedings?
A
TRUE
6
Q
When should parties consider reaching settlement?
A
At all times
7
Q
Example of non-compliance of pre-action conduct?
A
- not providing sufficient information
- not acting reasonable
- unreasonably refused ADR
- did not respond to invitation of ADR
