Just Gillsby
kiwifarms.net
Yes, the Settlement Conference is covered by Rule 7 of the SMALL CLAIMS RULES. I've summarized the applicable ones here, but you can read the actual copy of Rule 7 here or a standard guide by The Law Centre here.
Rule 7 — The Settlement Conference
- 1) Settlement conference
Before a trial date is set, a settlement conference will be held at the time and place set by the registrar.
- 4) Who must attend
All parties must attend the settlement conference and have authority to settle the claim, and may be accompanied by a lawyer or articled student, except the defendant need not attend if- (a) the claim results from a motor vehicle accident,
- (b) the defendant is disputing the amount of the claim but not liability, and
- (c) a person appointed by the Insurance Corporation of British Columbia attends instead of the defendant.
- 9) Certificate to be filed in personal injury cases
In a claim for damages for personal injuries, the claimant must file at the registry, within 6 months after serving the notice of claim and before a settlement conference is held, a certificate of readiness (Form 7) that has attached copies of all- (a) medical reports, and
- (b) records of expenses or losses incurred or expected.
[am. B.C. Reg. 148/97, s. 7.]
- 14) What happens at a settlement conference
At a settlement conference, a judge may do one or more of the following:- (a) mediate any issues being disputed;
- (b) decide on any issues that do not require evidence;
- (c) make a payment order or other appropriate order in the terms agreed to by the parties;
- (d) set a trial date, if a trial is necessary;
- (e) discuss any evidence that will be required and the procedure that will be followed if a trial is necessary;
- (f) order a party to produce any information at the settlement conference or anything as evidence at trial;
- (g) order a party to
- (i) give another party copies of documents and records by a set date, or
- (ii) allow another party to inspect and copy documents and records by a set date;
- (h) if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage;
- (i) dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it
- (i) is without reasonable grounds,
- (ii) discloses no triable issue, or
- (iii) is frivolous or an abuse of the court's process;
- (j) before dismissing a claim, counterclaim, reply or third party notice, order a party to file an affidavit setting out further information;
- (k) Repealed. [B.C. Reg. 148/97, s. 7 (e).];
- (l) make any other order for the just, speedy and inexpensive resolution of the claim.
[am. B.C. Reg. 148/97, s. 7.]
- 15) If a party does not comply with a disclosure order
If a party does not comply with an order under subrule (14) (f), (g), (h) or (j), a judge may at any time do one or more of the following- (a) adjourn a settlement conference or trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment;
- (b) order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance;
- (c) dismiss the claim, counterclaim, reply or third party notice.
[en. B.C. Reg. 148/97, s. 7.]
- 20) If a party does not comply with a settlement agreement
If a settlement is recorded on the court record as an agreement and not as a payment order and a party does not comply with the recorded terms of the agreement,- (a) the agreement is cancelled, and
- (b) after filing an affidavit of non-compliance, the claimant may file a payment order in the amount that a judge directed at the settlement conference or, if no direction was made, in the amount of the claim.
[en. B.C. Reg. 148/97, s. 7.]
This will just clear the air, I hope. Some people are naturally concluding that because there's a Settlement Conference, Yaniv is getting a Settlement, but that isn't the facts.
Last edited:
. Would so love to be a fly on the wall if/when he tries to explain all that away.
