Acts and Regulations

Rule-50 - PRE-TRIAL CONFERENCE AND SETTLEMENT CONFERENCE

Table of contents
Full text
Current to 1 January 2024
SETTING ACTIONS DOWN FOR TRIAL
RULE 50
PRE-TRIAL CONFERENCE AND
SETTLEMENT CONFERENCE
97-78
50.01Where Pre-Trial Conference Available
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(1)Where a proceeding is ready for trial or hearing, the court may, at the request of a party, or on its own motion, direct the solicitors for the parties and any party not represented by a solicitor, to appear before a judge for a pre-trial conference to consider
(a) the simplification of the issues,
(b) the possibility of obtaining admissions which may facilitate the trial or hearing,
(c) the quantum of damages, where damages are claimed,
(d) the estimated duration of the trial or hearing,
(e) the advisibility of having the court appoint an expert,
(f) the advisability of obtaining a special date for the trial or hearing,
(g) the advisability of directing a reference, and
(h) any other matter that may assist in the just, least expensive and most expeditious disposition of the proceeding on its merits.
(2)A solicitor attending a pre-trial conference may be accompanied by the party he represents.
2006-47
50.02Memorandum or Order
At the conclusion of a pre-trial conference, counsel may prepare and sign a memorandum reciting the results of the conference and the court may make an order giving such directions as it considers necessary or advisable, and the memorandum or order shall bind the parties, but the judge at the trial or hearing may modify the order as may be just.
50.03When Pre-Trial Judge is Disqualified
A judge who presides at a pre-trial conference is not disqualified from presiding at the trial or hearing unless settlement or compromise of
(a) liability, or
(b) damages or other relief claimed,
is discussed at the conference, in which event he shall not preside at the trial or hearing.
50.04Documents to be Made Available
Where documents
(a) are intended to be used at the trial or hearing,
(b) may be of assistance in achieving the purposes of pre-trial conference, and
(c) are agreed by all parties to be admissible in evidence,
they shall be made available to the pre-trial judge.
50.05Costs of Pre-Trial Conference
A pre-trial judge may make an order as to the costs of the pre-trial conference but, in the absence of such an order, the costs thereof shall be costs in the cause.
50.06Conference During Trial or Hearing
A judge may hold a conference during the trial or hearing without disqualifying himself from presiding at the trial or hearing but there shall be no discussion as to the settlement or compromise of
(a) liability, or
(b) damages or other relief claimed.
50.07Where Settlement Conference Available
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In addition to the pre-trial conference contemplated by Rule 50.01, the court may, at any time, at the request of a party or on its own motion, direct the solicitors for the parties, any party and any other person, to appear before a judge for a settlement conference at a time and place set by the clerk of the court.
97-78; 2006-47
50.08Purpose of Settlement Conference
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A settlement conference is intended to allow the parties, under the direction of a judge, to discuss the possibilities of settlement.
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50.09What May Be Done at a Settlement Conference
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At a settlement conference, a judge may do one or more of the following:
(a) conduct the settlement conference in any manner the judge deems fair;
(b) ask questions of parties, solicitors or other persons in attendance;
(c) discuss settlement of the dispute;
(d) make a payment order or other appropriate order in the terms consented to on the face of the order by the parties;
(e) adjourn the settlement conference;
(f) consider the matters referred to in Rule 50.01(1); and
(g) direct that expert witnesses meet, on a without prejudice basis, to determine those matters on which they agree and to identify those matters on which they do not agree.
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50.10Confidentiality of Settlement Conference Proceedings
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(1)A judge conducting a settlement conference shall not disclose to the trial judge or to any other person what positions were taken or what admissions or concessions were made for the purpose of discussing settlement or anything else relating to the settlement conference and shall not include any references to such matters in any written report of the settlement conference subsequently prepared by the judge.
(2)A judge assigned to hear any matter for which a settlement conference was held and who becomes aware of what positions were taken or what admissions or concessions were made for the purpose of discussing settlement or anything else relating to the settlement conference shall not preside at the trial or hearing.
(3)All discussions, statements or representations and any record, however made or stored, whether in printed form, on film, by electronic means or otherwise, of discussions, statements or representations of the parties, their solicitors, agents or representatives or of the settlement conference judge made at a settlement conference or in preparation thereof are without prejudice, privileged and confidential and shall not be referred to in any subsequent proceedings.
97-78; 2006-47
50.11Non-compellability and Immunity of Settlement Conference Judge
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A judge conducting a settlement conference is not a compellable or competent witness in any proceeding and is immune from legal action.
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50.12Settlement Conference Brief
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(1)Unless otherwise directed by the court, every party shall, at least 4 days before the settlement conference date, file with the clerk a settlement conference brief containing:
(a) a concise summary of the facts;
(b) a concise statement of the issues in the proceeding;
(c) a concise statement of the law to be relied upon by the party;
(d) a concise summary of the agreed upon facts and admissions;
(e) a list of witnesses and a summary of the evidence of each witness; and
(f) the relevant portions only of transcripts, experts’ reports and other evidence that may be adduced at the trial or hearing.
(1.1)At the same time as a party files his or her settlement conference brief under paragraph (1), the party shall also file a copy of such brief for each opposite party who has not exchanged a copy of his or her settlement conference brief with the party filing the settlement conference brief.
(2)The clerk shall advise each party when an opposite party files his or settlement conference brief. The clerk shall release the copies filed under paragraph (1.1) to any party who has filed a settlement conference brief.
97-78; 2010-61
50.13Solicitors to Be Prepared at Settlement Conference
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Unless otherwise directed by the court, solicitors who attend a settlement conference shall be solicitors who propose to conduct the trial or hearing or who are fully authorized, briefed and prepared to discuss, deal with, give binding undertakings with respect to, settle or compromise all matters and issues properly arising during the settlement conference.
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50.14Limitation on Settlement Conference Judge
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A judge presiding at a settlement conference shall not preside at the trial of the action or the hearing of the application in respect of which the settlement conference is held, nor shall the judge hear any motion in respect of the same action or application.
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50.15Costs of Settlement Conference
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If a settlement conference cannot be conducted properly because a party is not prepared for it, a judge may order that party to pay the reasonable expenses of the other party or parties.
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