BC Small Claims Settlement Conference — What to Expect and How to Prepare

What a Settlement Conference Is

A settlement conference usually follows a contested Reply, but Rule 7(2) lists exceptions. A conference is not held for claims under Rules 9.1 or 9.2 (unless the court orders one in a Rule 9.2 case), certain motor vehicle accident claims where only property damage liability is disputed, or claims started by Form 34.

The conference is presided over by a Provincial Court judge. Its purpose is twofold: to see whether the parties can reach a settlement, and if they cannot, to get the case organized for trial.

How the Conference Works

Under Practice Direction SM CL 02, settlement conferences are conducted remotely via Microsoft Teams across most BC registries. You attend from your computer or phone — no courthouse visit required.

The judge reads the Notice of Claim and the Reply before the conference starts. During the meeting, the judge:

• Asks each party to summarize their position
• Evaluates the apparent strengths and weaknesses of each side
• Identifies the key factual disputes
• Explores whether a compromise is possible

Discussions are confidential. Everything said at the settlement conference is without prejudice. Neither party can quote the conference or use anything from it as evidence at trial. The settlement conference judge is not the trial judge — they have no involvement in the trial if the case proceeds.

What the Judge Can Do

The judge has broad authority at this stage:

• Dismiss a claim, reply, or counterclaim under Rule 7(14) if there are no reasonable grounds for it, no triable issue, or it is frivolous, vexatious, or an abuse of process.
• Issue binding pre-trial orders setting deadlines for exchanging witness lists, document books, and expert reports.
• A party may initiate mediation for an eligible claim between $10,000 and $35,000 after a Reply is filed by filing and delivering Form 29 under Rule 7.3; it is not an order the settlement judge makes under that rule.
• Record a consent order if the parties reach a settlement.

How to Prepare

Preparation is the difference between a productive conference and a wasted one.

Organize your documents. Bring every document that supports your claim or defense: contracts, invoices, receipts, photographs, text messages, emails, and repair estimates. Have them in a numbered binder or folder — not loose in a pile. If the conference is on MS Teams, have digital copies ready to screen-share.

Know your bottom line. The judge will likely ask what you would accept to settle. Have a realistic number in mind before the conference starts. Refusing every compromise when your case has weaknesses can work against you.

Prepare a brief summary. The judge will give you a few minutes to explain your position. Practice a 2–3 minute version of the facts: what happened, what you are owed, and the key evidence that supports it.

Test your technology. MS Teams conferences start on time. Make sure your microphone, camera, and internet connection work before the day. Join the meeting 5–10 minutes early.

If the Case Does Not Settle

When no settlement is reached, the judge transitions into case management. They will issue pre-trial orders that may include:

• A deadline for filing a Trial Statement (Form 33) — typically 14 days before the trial conference
• A deadline for exchanging witness lists and will-say statements
• A deadline for serving an expert report at least 30 days before it is introduced, unless a judge grants permission (Rule 10(4))
• A date for the trial itself

If the expected trial length exceeds one day (or a half-day in some registries), the judge may order a separate Trial Conference before the trial date.

These deadlines are binding. Missing them can result in witnesses being excluded or evidence being ruled inadmissible.

Our BC Provincial Court Small Claims guide includes a settlement conference preparation checklist, an evidence index template, and step-by-step instructions for the pre-trial orders that follow.

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