Offers to settle and pre-trial procedures

Question 1

Which Rule of the Small Claims Court deals with settlement conferences?

Answer 1

Rule 13

Question 2

What are the two situations in which a court will change the place of trial?

Answer 2

• 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

Question 3

Generally, the place of trial is

Answer 3

where the action was commenced

Question 4

What is the principal incentive for parties to make reasonable offers to settle?

Answer 4

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.

Question 5

What form is used for an offer to settle?

Answer 5

Form 14 A

Question 6

what form is used to accept an offer?

Answer 6

Form 14 B

Question 7

What form is used for notice of withdrawal of an offer to settle?

Answer 7

Form 14 C

Question 8

An offer t settle can be made at any time before

Answer 8

the final disposition of the action.

Question 9

In order for a settlement offer to attract the costs consequences, it must be served

Answer 9

on the party to whom it is made at least 7 days before the commencement of trial

Question 10

When may an offer to settle be withdrawn?

Answer 10

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 An offer is deemed withdrawn if a date for acceptance was set, and acceptance was not made by this date

Question 11

Accepting a Rule 14 offer to settle creates

Answer 11

a binding contract

Question 12

Before issueing an offer to settle, a paralegal has a professional responsibility to

Answer 12

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.

Question 13

Offers to settle should include

Answer 13

• claims for principal interest
• oher damages
• payment of costs.W

Question 14

Where an accepted offer does not deal with costs, Rule 14.05 applies and the plaintiff is only entitled to disbursements

Answer 14

• 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

Question 15

If a party fails to comply with the terms of an accepted offer, Rule 14.06 allows the party to

Answer 15

• 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

Question 16

What are the three conditions to be met for the costs award/refused offer rule to apply, for an offer made by the plaintiff?

Answer 16

• 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

Question 17

What is the benefit to the plaintiff for making a reasonable offer that is not accepted by the defendant?

Answer 17

The court could double the plaintiff’s costs award.

Question 18

What are the three conditions to be met for the offer made/costs awarded rule, defendant’s version?

Answer 18

• 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

Question 19

What is the benefit to the defendant for making a reasonable offer to settle pre-trial?

Answer 19

The costs award could double, from the date the offer to settle was made

Question 20

What is the max amount that may be awarded to a self-repp’d party

Answer 20

$500 as compensation for inconvenienve and expense

Question 21

What are the 5 purposes of a settlement conference?

Answer 21

• 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

Question 22

The settlement conference should occur

Answer 22

within 90 days after the first defence is filed

Question 23

At least 14 days before the settlement conference, each party must serve on the others and file with the court two sets of documents:

Answer 23

• 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

Question 24

Attendance at a settlement conference is

Answer 24

mandatory for all parties/reps, unless a court orders otherwise

Question 25

attendants of a settlement conference must have

Answer 25

the authority to settle, or the ability to telephone to obtain authority to settle

Question 26

What are the two consequences that may be imposed for failure to attend a settlement conference?

Answer 26

- appropriate sanctions by way of costs or otherwise - an order that an additional settlement conference be held, if necessary

Question 27

If a defendant fails twice to attend settlement conferences, the court may

Answer 27

- 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

Question 28

An order made at a settlement conference shall be

Answer 28

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

Question 29

A judge may order a final judgement at the settlement conference where the matter in dispute is

Answer 29

for an amount under the appealable limit ($3,500) and each party signs a consent (Form 13B)

Question 30

At the end of a settlement conference where there is no settlement, the court prepares

Answer 30

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

Question 31

The Small Claims Court is prioritizing scheduling of matters where a defence was filed

Answer 31

before April 21, 2021

Question 32

The costs of a settlement conference, exclusive of disbursements, shall not exceed

Answer 32

$100, unless othersie ordered by the court

Question 33

After a settlement conference, the clerk shall serve each party with a notice stating that one party must

Answer 33

request a trial date if the claim is not disposed of within 30 days after the settlement conference.

Question 34

What is the fee for fixing a trial date?

Answer 34

$290, $380 for a frequent claimant

Question 35

What are the two conditions necessary for a clerk to then fix a trial date?

Answer 35

- a settlement conference has been held - a party has requested that the clerk fix a date for trial and paid the fee

Question 36

A trial date must be set within

Answer 36

two years of the claim being issued, or it will be dismissed by the clerk.

Question 37

Since July 23, 2021, the Small CLaims Court is

Answer 37

scheduling virtual trials via Zoom and not dismissing actions for delay until further notice