Resolution Tracks: Pre-Trial Conference (PTC)
A Pre-Trial Conference (PTC) provides an informal setting for all parties and the Justice to:
- identify the facts that are agreed upon or are in dispute;
- clarify the issues between the parties; and
- attempt to reach a resolution by way of a voluntary agreement.
A PTC may be held in conference room or in a Courtroom. They are not open for the public to attend. They are usually not recorded and any settlement discussions cannot be raised at trial.
How will I be notified of the PTC?
All parties will be sent a Notice of Pre-Trial Conference to their address for service. The Notice will identify the time, date and location of the PTC.
How do I prepare for the PTC?
All parties should exchange all records and documents relating to the action at least 14 days before the scheduled PTC. This includes copies of documents, contracts, cheques, invoices, letters, receipts, repair estimates, photographs or videos, printouts of any e-mails or other electronic messages, copies of transcripts of any voice mail messages, or any other materials that relate to the action. The PTC helps to give each side an understanding of the other side’s point of view, and may often aid in a resolution.
Who attends a PTC?
All parties must attend the PTC. If a lawyer or agent represents a party they must bring the party they represent to the PTC. Witnesses are not permitted at the Pre-Trial Conference. If an interpreter is needed, it is your responsibility to make the necessary arrangements for a qualified interpreter to attend at your expense.
What happens at a PTC?
The parties will discuss the action with the Justice. The Justice may ask questions of the parties to determine the issues and facts in agreement or in dispute and will attempt to resolve the action. Listed below are possible outcomes at a PTC:
PTC resolves the action
- Parties will sign a Settlement Agreement or the Court will prepare an Order confirming the terms of the settlement.
- If a party does not comply with the Settlement Agreement or Order, a Judgment may be issued against that party.
- When the terms of the Settlement Agreement are fulfilled, a Notice of Withdrawal of the Civil Claim and / or Counterclaim must be filed.
- No further Court appearances may be required.
With consent of all parties the PTC may be converted into a Binding Judicial Dispute Resolution:
PTC does not resolve the action
- The Justice will render a final and binding decision after hearing from both sides at the PTC. The decision cannot be appealed.
- A copy of the Judgment will be sent to the parties at their address for service.
- The action is concluded and no further Court appearances will be required.
- The action will be scheduled for trial. The Justice may give direction to the parties and impose deadlines regarding trial preparations.
What if I do not attend the PTC?
If a party fails to attend the PTC, their Claim or Dispute Note may be struck or Judgment entered against them, or both.