King's Bench Pre-Trial Conferences

If the parties agree they file a joint request using Form 4-11 of the King’s Bench Forms. The parties must agree that they are ready for trial, that they have made efforts to settle and that they attended the mandatory mediation. The parties must estimate how much time is needed for pre-trial and trial. Each party must also estimate how many witnesses they will call at trial.

If the other party will not sign a joint request you wait 20 days after they refused. If after this time they still have not signed the joint request or explained why they will not sign it you can ask the Local Registrar to set a date. You must certify that you are ready for pre-trial and trial, confirm that offers of settlement have been made, estimate the time needed for pre-trial and trial and the number of witnesses that will be called at trial.

The pre-trial conference is conducted by a judge who will not be the judge at the trial. What is said at the pre-trial conference is privileged, meaning that things that are said can’t be brought up at trial. At pre-trial the judge cannot make any orders. Typically the judge will ask each party or their lawyer to summarize the issues and their position on these issues. The judge may speak to each side separately and state their view of the issues and the likely outcome if the case was to go to trial.

At least ten days before the pre-trial conference both parties must file a pre-trial brief and give a copy of it to the other party. The pre-trial brief must:

• state clearly on the first page the name of the party filing the brief
• include a brief summary of evidence that will be presented
• include a brief statement of the issues in dispute and the law relating to those issues as well as anything, such as case law, that supports the party’s case
• include all documents that are intended to be used at the trial, including medical and expert reports.

The pre-trial brief can also include a proposal to settle the issues.