Yukon Small Claims Settlement Conference: What to Expect and How to Prepare

What the Settlement Conference Is

After a Form 02 Reply is filed, any party can ask the court registry to schedule a pre-trial settlement conference (PTC). This isn't a trial—it's an informal meeting chaired by a Territorial Court judge or Justice of the Peace, typically held in a conference room rather than a courtroom.

The purpose is threefold: explore whether the dispute can be settled without a trial, clarify the legal issues, and set rules for exchanging documents if a trial becomes necessary.

Attendance Is Mandatory

Both the plaintiff and defendant must attend once the conference is scheduled. If you don't show up after receiving notice, the court may enter a default judgment; for an amount that needs assessment, it can set a hearing to determine the amount.

If you genuinely cannot attend due to illness or a pre-existing conflict, request an adjournment before the scheduled date. Try to get the plaintiff's written consent first—if they agree, submit a joint request to the registry. If they won't consent, file a Form 08 Notice of Application asking a judge to reschedule. Never assume an adjournment will be granted; attend unless the court confirms the new date in writing.

For defendants in remote communities—Dawson City, Watson Lake, Haines Junction, Carmacks, Mayo—you can apply via Form 08 to attend by video conference or telephone. The Territorial Court judges also travel on circuit to outlying communities, and small claims conferences may be scheduled during those sittings.

What to Bring

Arrive with every document that supports your side of the dispute. The judge will want to see:

• The original Form 01 Claim and your Form 02 Reply
• Contracts, written agreements, or invoices
• Payment receipts, bank statements, or cancelled cheques showing any amounts already paid
• Photographs of defective work, damaged property, or the condition of goods
• Text messages, emails, or letters between you and the plaintiff
• Repair estimates, expert quotes, or inspection reports
• A list of any witnesses you plan to call at trial

Organize everything chronologically or by topic. Bring three copies of each document—one for yourself, one for the judge, and one for the plaintiff.

What Happens During the Conference

The judge reviews both sides' positions and the supporting documents. They'll ask pointed questions: What exactly is the dispute about? What amount, if any, do you agree is owed? What are the sticking points?

The judge may discuss the issues and encourage settlement. If the plaintiff's claim has weak points, that discussion may affect settlement negotiations. If your defence has gaps, the judge may ask you about them too.

If mediation at the conference resolves the issues, the terms can be filed as a Form 12 Pre-Trial Consent Order. If you settle outside the conference, the parties may apply for a Form 11 Consent Order without a hearing. Once entered, an order is binding and can include payment terms, instalment schedules, or specific actions each party must take.

If Settlement Fails

When the conference doesn't produce an agreement, the presiding judicial officer sets a trial date and place with the parties or as directed by a judge. They'll typically establish document exchange deadlines—both sides must share all their evidence before the trial date so there are no surprises.

The trial itself is a summary proceeding. Each side presents their case, calls witnesses, and cross-examines the other side's witnesses. The judge then issues a decision, either immediately or in writing at a later date.

Mediation as an Alternative

Under Section 40 of the Small Claims Court Regulations, mediation can take place at the pre-trial conference if both parties consent. The presiding judicial officer may mediate the issues. If mediation resolves them, the agreement must be filed as a Form 12 Pre-Trial Consent Order to be enforceable. If mediation does not resolve the issues, the presiding judicial officer sets a trial date and place with the parties or as directed by a judge.

The Responding to a Small Claim in Yukon guide includes a settlement conference preparation sheet that walks you through organizing your evidence binder, anticipating the plaintiff's arguments, and calculating your best and worst-case outcomes.

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