Acts and Regulations

Rule-62.1 - SETTLEMENT CONFERENCES FOR CIVIL APPEALS TO THE COURT OF APPEAL

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Current to 1 January 2024
APPEALS
RULE 62.1
SETTLEMENT CONFERENCES FOR
CIVIL APPEALS TO THE COURT OF APPEAL
62.1.01Definition
In this rule, judge means a judge of the Court of Appeal.
62.1.02Where Settlement Conference Available
Where a Notice of Appeal has been issued and where all parties to an appeal are represented by counsel, the Chief Justice may, at the joint request of the solicitors for the parties, direct the parties and their solicitors and, where appropriate, their agents or representatives to appear before a judge for a settlement conference at the time and place set by the Registrar.
62.1.03Purpose of Settlement Conference
A settlement conference does not stay an appeal but is intended to allow the parties to the appeal, under the direction of a judge, to consider any matter that may assist in the just, least expensive and most expeditious disposition of the proceeding on its merits and to discuss the possibilities of settlement or compromise.
62.1.04Request for Settlement Conference
(1)A request for a settlement conference shall be made in writing jointly by the solicitors for the parties and shall be signed by the solicitors on behalf of the parties.
(2)The request shall contain:
(a) a summary of the case;
(b) a statement of the issues on appeal; and
(c) an undertaking that 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 therefor are without prejudice, privileged and confidential and shall not be referred to in any subsequent proceedings.
62.1.05Responsibilities of Solicitors and Parties
(1)Solicitors who attend a settlement conference shall be fully prepared to discuss settlement or compromise with respect to the appeal.
(2)The parties must ensure that the persons who have the authority to conclude a settlement or compromise are present at the settlement conference or available to be reached at all times during the settlement conference.
62.1.06What May Be Done at a Settlement Conference
(1)A settlement conference shall be held in private.
(2)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) allow other persons to participate in the settlement conference if their participation might be helpful in resolving the dispute;
(c) ask questions of parties, solicitors or other persons in attendance;
(d) meet with each party separately;
(e) discuss settlement or compromise;
(f) adjourn the settlement conference;
(g) cause minutes of settlement to be prepared for the purposes of Rule 59.04; and
(h) make any order that may be made by a judge under Rule 62 or make any other appropriate order in the terms consented to on the face of the order by the parties.
62.1.07Discontinuance of Appeal
Every party to an appeal shall promptly inform the Registrar of any settlement thereof and the appellant shall promptly file a Notice of Discontinuance (Form 62I). Rule 62.27(2) does not apply for the purposes of this rule.
62.1.08When Settlement Conference Judge is Disqualified
A judge who conducts a settlement conference is disqualified from subsequently participating in the hearing of the appeal or any motion in relation thereto.
62.1.09Confidentiality of Settlement Conference Proceedings
(1)A judge who conducts a settlement conference shall not disclose to another 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.
(2)A judge assigned to hear any appeal 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 participate in the hearing of the appeal or any motion in relation thereto.
(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 therefor are without prejudice, privileged and confidential and shall not be referred to in any subsequent proceedings.
62.1.10Non-compellability and Immunity of Settlement Conference Judge
A judge conducting a settlement conference is not a compellable or competent witness in any proceeding and is immune from legal action.
62.1.11Costs of Settlement Conference
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.
Rule 62.1: 2006-47