Judges can hold settlement conferences in a variety of ways, but usually the judge will say a few words and then ask each party to give a brief summary of their case. You don`t need to write this completely, but you should have a list of the articles you want to make. If you created a spreadsheet, use it. If the claim is less than $3,500 ($3,500 is the minimum claim that can be challenged under Regulation 626/00 under the Courts of Justice Act), a special procedure is available to the parties who accept it. Parties may file a signed consent [Form 13B] (before or at the settlement conference) indicating that they would like to have a final verdict at the settlement conference. If the parties are unable to reach an agreement, the judge may render a final judgment at the settlement conference. If you accept this procedure, this is the final verdict in your case and you do not have to attend a trial again or pay the trial costs. When the defendant files a defense, the parties receive notice from the settlement conference of the court registry indicating the date, time and place of the settlement conference. A settlement conference is expected to be held within 90 days of the filing of the first defence. It does not matter if you discuss the issues with your witnesses in advance, but you are not allowed to tell them what to say. Be sure to tell them this so they don`t worry when asked in court if they discussed the matter with you.
Small Claims Court forms are available at court offices and on the following website: you must present yourself to the Commissioner with identification and the unsigned document. The Commissioner will ask you to swear or confirm that the information in the affidavit is true and will ask you to sign the affidavit. The affidavit must be signed in front of the Commissioner (in person or by videoconference) because he certifies that he has been sworn or confirmed in his presence. The judge can then ask the parties if there is room for compromise. Some judges may allow the parties and their representatives to discuss their options in private and allow them time inside or outside the settlement conference room to reach an agreement themselves. Following the settlement conference, the employee will provide the parties with a copy of the court record or endorsement order, either in person, by mail or by email. The approval file or order of the Court contains all the orders made by the judge at the settlement conference. Keep in mind that the settlement conference and all settlement discussions between the parties are private and can only be passed on to others if you have the consent of all parties to do so. The settlement conference judge can give you a non-binding assessment of your chances at the main hearing.
This assessment can be useful in deciding on a regulation. The judge may also suggest ways to resolve the dispute without going to court. The settlement conference judge is not your trial judge. The Ministry of the Attorney General has a number of guides on small claims proceedings, which can be published in court offices and on the ministry`s Attorney General`s website under If you do not attend the hearing, a judgment may be rendered against you or your application rejected. If you have a very good reason why you cannot attend the date set for the hearing, you can ask the court to adjourn the hearing and postpone it to another date. Contact the court office for assistance. If the judge grants the application and makes an order, the employee will inform the parties of the new hearing date. If you have made or received a settlement offer and it has not been accepted, you will not be able to submit the settlement offer to the court office and you will not be able to mention the settlement offer during the hearing. You can only mention the settlement offer when the judge has decided all the issues of liability and legal protection, with the exception of costs. At the settlement conference, you sit at the same table as a judge and the other parties. The judge will moderate the conference and likely wear business clothes rather than dresses.
The judge will say a few words and ask all parties to give brief summaries of their cases. The judge will then lead all parties to a discussion about what you can agree on, if any. “Evidence” is anything you will use in court to prove your case. You need to think about it now, as how you want to prove your case will likely be discussed at the settlement conference. There are different types of evidence. The most commonly used are: (1.1) For the avoidance of doubt, sub-rule (1) covers the costs associated with the electronic filing or issuance of documents under these rules. O. Reg. 44/14, p. 13. A settlement conference may be heard or held by telephone or videoconference if the premises are available in court. A party may file a request for a telephone or videoconference [Form 1B].
Apply as soon as you know you need this agreement and state the reasons for your request. If the judge grants the request, the court will take the necessary precautions and inform the parties. Depending on your case and the number of witnesses who will appear, the judge estimates the time needed for your hearing. If the time estimate is a day or more (half a day in some courthouses), you may need to attend a conference on the process. If your trial is shorter, you may receive a trial date before leaving the courthouse, or you may receive notice of your trial date in the mail. Settlement conferences are mandatory in most cases that begin with a statement of claim. However, there are certain types of cases that lead directly to a conference or process process, including some: The comparison conference usually takes place in an office or meeting room. This is a less formal procedure than a trial and all parties sit at the same table as the judge. The Settlement Conference is a closed meeting. Members of the public are not allowed. When calculating the deadlines in the rules, count the days excluding the first day and including the last day of the period; If the last day of the period falls on a public holiday, the period ends the next day, which is not a public holiday.
The court may order the shortening or extension of the time limit prescribed by the rules or the parties may agree to do so. Holidays include: In our example, documents include the contract, invoices, purchase contracts, and written cost estimates. Some of those documents had already been appended to the plaintiff`s action and served on the defendant. All new documents (p.B the report prepared by the home inspector or copies of photographs) should be served on the defendant and submitted to the court at least 14 days before the settlement conference. If your small claims court case goes to court – whether it`s for a settlement conference, an assessment hearing, or a lawsuit – you`ll likely have a lot of questions. This three-part guide will attempt to address most of them. If you filed your claim online, you may also need to file all documents filed and issued electronically with the court in paper form at least 14 days before the settlement conference. In the event that a defendant does not participate in a settlement conference, a second settlement conference may be scheduled.
If the defendant is not present again, the judge may order the final verdict in the case. No process takes place. 4. Unless the court decides otherwise, an order under section (3) shall be made on the basis of written submissions following the following procedures: (3) Subject to sub-rules (4) and (5), any document that may or must be filed under these Rules may be filed electronically by submitting the document to the Small Claims Tribunal via the online filing portal; whether the online portal for filing small claims courts provides for the electronic filing of the document. O. Reg. 249/21, p. 1. In very limited circumstances provided for in the Regulation, a party may request a new procedure. An application for new proceedings must be filed within 30 days of the final decision of the trial, unless the court decides otherwise […].
