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Ontario|Small Claims CourtBefore Going to Trial 549 Pre-trial Conferences - What is a Pre-trial Conference and why have one?
After the Statements of Claim and Defence have been served and filed, the case will go to a judge to review. The judge can order that a pre-trial conference be held before a lawsuit goes to trial. At a pre-trial conference, the plaintiff and the defendant meet with each other in front of a judge, usually in the judge's office. The purpose of a pre-trial conference is to resolve or simplify the issues in the lawsuit, to speed up the lawsuit, to help reach a settlement instead of going to trial, to prepare each side if there is going to be a trial, and to make sure that everyone in the lawsuit knows all the important facts and evidence.
- What happens at a Pre-Trial Conference?
If you go to a pre-trial conference you should be prepared to talk about the lawsuit, and bring all the important information and documents available. If you are not prepared when you attend a pre-trial conference, or if you do not show up at all, the judge may order you to pay the other side their expenses for having to come to the pre-trial conference. If a person does not show up at the pre-trial conference, the judge may also strike out that person's Claim or Defence and give judgment for the other side. So it is very important to show up, or to notify the other side and the court if an emergency prevents you from attending.
Attending a pre-trial conference will usually make the trial easier, and it may even help you settle the lawsuit. In most cases a lawsuit settles before it goes to trial because settling saves both sides the time and expense of a trial. For more information about pre-trial conferences, you should contact the Small Claims Court office. For legal advice and representation at a pre-trial conference, you should contact a lawyer.
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