Trial Conference in BC | Small Claims BC (2024)

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Court Process

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Last Reviewed: July, 2023Reviewed by: JES Contributors

A Trial Conference is a short appearanceto make sure all the parties and the court are ready for the trial.

The registry will set the time, date and place of Trial Conferences, but they will usually take place using Microsoft (MS) Teams audio conference or video conference or by telephone. If you need an alternate method of attendance you must make an application to a Registrar pursuant to Rule 16(2)(c.1). Not every case will have a Trial Conference. If you are not able to resolve your case at the settlement conference the judge may order you and the other party to attend a Trial Conference. If your case started in the Civil Resolution Tribunal you will probably not have a settlement conference, and instead go straight to a Trial Conference.If a Trial Conference is set, you will be sent a Notice of Trial Conference.

Read the Rules

Parties must read and comply with:

The Policy on Use of Electronic Devices in Courtrooms

Access to Court Proceedings Policy

NP 21 Remote Attendance in the Provincial Court

The person responsible for presenting your case at the trial must attend. That may either be you, your lawyer, an articled student, or your insurer (if your insurer is defending a claim made against you). Witnesses should not attend. A judge hears the case in a 30-minute conference.

What to Expect

The judge reviews the claim, determines the amount of time needed for trial, and may make other orders for the hearing of the trial.

The judge can:

Decide on issues that do not require evidence
Make a payment order
Discuss evidence that may be required at trial and the procedure followed if a trial is necessary
Order a party to produce information
Make an order respecting the evidence of experts
If the claim is regarding property damage, the judge can order the claimant to allow a person chosen by the defendant to examine the damaged property
Order the claimant to attend a medical practitioner doctor at their the expense of the defendant and the defendant serve the doctor’s medical practioner’s report on the the claimant respondent at least 7 days before trial and submit the report to the registry at least 14 days before trial or bring a copy of the report to the trial
Make an order respecting time limits for part or all of a trial
Give a non-binding opinion on the probable outcome of a trial
Send the matter to mediation, if that has not already occurred
Dismiss a claim, counterclaim, reply, or third party notice
Make any other order required for the just, speedy, and inexpensive resolution of the claim
Order that a trial is to be attended by telephone, video conference or other means of electronic communication

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What to expect at a trial conference from the Provincial Court of BC

If you don’t follow an order from the trial conference, a judge could:

Adjourn the trial and make you pay reasonable expenses
Not allow you to lead any of the evidence you withheld
Dismiss your claim, counterclaim or third party notice

Read the Rules

Rule 7.5(15) - If a party does not comply with an order made at trial conference

How to Prepare

The court registry will send you a blankTrial Statement and a notice showing the date of your trial conference. You will need to fill this out, file it and serve it tothe other party. For information on how to serve the document see Serving Documents. The Trial Statement should contain all the facts you will rely on at trial.

Trial Statement Form includes:

A statement of fact in the order which events occured
A calculation of the amount claimed
Copies of relevant documents
List of witnesses and a brief summary of what they will each day

If you do not include certain information, you may not be allowed to rely on it at trial.

If you are the defendant and have received a medical report, you must submit the report to the registry at least 14 days before the trial conference and serve it on the claimant at least 7 days before the trial conference.

Find the Form

Trial Statement(Form 33)

Changing the Date

The first step is to ask the other party to agree in writing to the change. If he or she agrees, you can file a consent order, with his or her written consent, at the registry.

If you are unable to reach an agreement with the other party, you may file anApplication to the Registrar to adjourn the trial conference at least 7 days before the date set for the trial conference. The application must explain the reason you want to change the date and that you asked the other party to consent. You will need to explain why the trial conference date is unreasonably inconvenient. If the application is granted by the registrar, a new date will be set for your trial conference.

Key Terms

Unreasonably Inconvenient is defined inRule 7.5(7) as including a family emergency, a pre-arranged out of town trip that can’t be changed, a required to attend court on the same day as the trail conference, or any other reason that satisfies the registrar as unreasonably inconvenient

You may also apply to the registrar within seven days before the trial conference to postpone the trial conference. In addition to proving why the trial conference date is unreasonably inconvenient, you will also need to satisfy the registrar why it was not reasonably practicable to make the application at least 7 days before the scheduled trial conference.

Read the Rules

Rule 7.5(7) - Unreasonably inconvenient

Find the Form

Application to the Registrar(Form 16)

Consent Order (Form SCL021)

If You Don’t Go

If you are the claimant, your claim may be dismissed. If you are the defendant, a payment order may be made against you. If neither party attends, the registrar will make an order dismissing each disputed claim.

Read the Rules

Rule 7.5(17)-(18) - If the defendant, third party, or claimant does not attend