Practice Direction No. 13
Effective Date: October 12, 2018
The Specific Claims Tribunal (Tribunal) has all of the powers, rights and privileges that are vested in a superior court of record based on subsection 13(1) of the Specific Claims Tribunal Act, SC 2008, c 22. The Tribunal also has a mandate to resolve matters in a just, expeditious and cost-effective manner. Accordingly, this Practice Direction sets out a framework for a Settlement Conference to be held at a time when the preparation for a hearing of the claim has advanced sufficiently to marshal the evidence relevant to the central issues of fact and the applicable law.
- The Tribunal may, if satisfied that the preparation for a hearing of the claim has advanced sufficiently to marshal the evidence relevant to the central issues of fact and the applicable law, order that the parties attend a Settlement Conference. The Settlement Conference will be presided over by a Tribunal member other than the member presiding over the claim or other suitable person (including a judge, retired judge, member of Bar experienced in binding arbitration, or mediator) that is not assigned to hearing the file.
- The parties may, by letter to the Tribunal, jointly request a Settlement Conference.
- The person presiding over the Settlement Conference may require:
- Briefs, containing:
- An agreed statement of issues, where possible, or separate statements of issues.
- An agreed statement of facts or separate statements of facts.
- An agreed list of documents on which the parties will rely for the purposes of the Settlement Conference or separate lists of documents.
- The subject matter of any intended or obtained expert reports.
- Any expert reports intended to be relied upon by a party at the hearing.
- Case law relied upon.
- The attendance of a person from each party with authority to enter a Memorandum of Understanding on terms providing for a final settlement of the claim subject to such processes internal to the party as may be required to enter a binding agreement.
- Written submissions, not exceeding 20 pages including extracts from case authorities, for each party.
- Briefs, containing:
- Where the claim is not resolved to the stage of a Memorandum of Understanding at the conclusion of the Settlement Conference, the Tribunal may, if requested to do so by the parties, stay the proceedings for a fixed period of time to permit the parties to negotiate a Memorandum of Understanding. The provisions of Practice Direction No. 15 (Stay of Proceedings) will apply mutatis mutandis to further proceedings before the Tribunal.
Honourable Harry Slade, Chairperson
Specific Claims Tribunal