Litigation Process - Provincial Court Civil Division

Once the Pleadings are complete, the Provincial Court Civil Division Trail Coordinator will determine, based on the Pleadings, how the litigation will proceed. The first step, once the Dispute Note is filed, is the mediation service will determine if the matter is suitable for mediation. If so, it will be scheduled. Attendance is mandatory and can only be circumvented on Application to the Court. If the mater is not scheduled for Mediation or not eventually successful at Meditation, a judge will triage the file onto it's resolution track. The Resolution Tracks are as follows:

1. Mediation (as above)
2. Pre Trial Conference
3. Binding Judicial Dispute Resolution (BJDR)
4. Simplified Trial
5. General Trial

A Pre Trial Conference is a short meeting with a Judge of the Provincial Court to go over the details of the case, attempt settlement, deal with any requests for disclosure if documents have not been exchanged by this point, and if it cannot be resolved, directing the matter to Trial. Judges often use the Pre-Trial Conference to try to effect settlement. It can be an opportunity to hear what the Court may think of the case and give an indication of likelihood of success of either party. The actual parties are required to attend even when counsel are involved. This process is not optional.

If the Court directs the parties to a BJDR, it will provide a letter to the parties and send out forms requesting their agreement or refusal to the process. This is the only resolution track that is optional for the parties. Once they receive the forms, they have 20 days to respond. Failure to respond deems them to have declined. All parties must consent in order for BJDR to proceed. If not, the file will go back to the Judge to determine a different track. If it is consented to, the parties must agree to certain terms including the possibility of a Judge making a binding decision that is not appealable. A matter can go to BJDR at any point up to Trial.

A Simplified Trial is a Trial that can be held within 2 hours. Usually, parties do not attend a Pre Trial Conference where this track is chosen. This track is not optional; if it is chosen, the parties must follow the requirements and attend. Each party is required to provide a Trial Summary to each other and the Court, that is relied on and sworn to at Trial. It includes a summary of facts and evidence, names of witnesses and what they will say, the amount of the claim and how it is calculated and copies of all documents to be relied on. Certain acknowledgements must also be signed, and the Judge will direct the process of the Trial.

The last track is General Trial which is, simply, a Trial that is more than 1⁄2 a day. There will often be a Pre Trial Conference prior to setting the matter for Trial and if it is set for more than 2 days, a case management conference will be held in advance of Trial to ensure all orders are complied with and everything is still on track.

For the purposes of Trial, Simplified or General, the Court:

(a) is not bound by the laws of evidence applicable to judicial proceedings, and
(b) may admit any oral or written evidence that it, in its discretion, considers proper, whether admissible in a court of law or not.

As of January 1, 2019, the Provincial Court now has its own Tariff of Recoverable Costs pursuant to Practice Note 2 - Costs in the Provincial Court Civil. This Tariff is meant to replace the previous Guidelines for Costs in Civil Proceedings. The Tariff is a "guide to costs that may be awarded."