r 32.04

Procedure at conciliation conference

In force

(1) At a conciliation conference, the parties must be in a position to indicate:

(a) where the party is the plaintiff – particulars of the claim and the relief sought;

(b) where the party is the defendant – the issues (if any) and the grounds on which liability is denied;

(c)

the issues of fact and law;

(d) whether any amendment to the pleadings is anticipated or required;

(e) the nature of any necessary interlocutory matters, including interrogation;

(f) the nature of any steps that need to be taken prior to the hearing of the proceedings;

(g) the prospects of settlement and be able to respond to an offer of settlement; and

(h) any other matter that might affect readiness for the hearing of the proceedings or scheduling for the hearing.

(2)

At a conciliation conference, the Court may:

(a) conciliate between the parties and make recommendations for the resolution of the issues to facilitate agreement between the parties;

(b)

refer the parties to a mediation conference; or

(3)

The Court may:

(a) adjourn the conciliation conference and fix a date, time and place for the adjourned conference;

(b)

fix a date, time and place for a prehearing conference; or

(c)

fix a date, time and place for the hearing of the proceedings.

(4) For the purpose of subrule (2)(c), but without limiting its generality, the Court may give directions relating to:

(a)

the facilitating of agreement between the parties;

(b)

the service of documents;

(c)

the settling of issues for the hearing of the proceedings;

(d)

particulars of the statement of claim or defence to be provided;

(e) the attendance of the parties to give evidence (whether or not on oath) at a prehearing conference or the hearing of the proceedings;

(f)

the giving of evidence and calling of witnesses;

(g)

discovery and inspection;

(h)

interrogatories and answers to interrogatories;

(j) dispensing with the requirement for and delivery of pleadings, giving discovery, delivery of interrogatories, and other matters of practice and procedure;

(k)

the making of admissions relating to a matter in question;

(m)

the admission into evidence of facts or documents;

(n)

expediting further conferences; or

(p)

time limits for further pleadings.

(5) Directions given under this rule are to be set out in a scheduling order in accordance with Form 32B.

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