Resolution Tracks: Simplified Trial
This is a condensed trial for straightforward claims, typically set for 1-1½ hours. The parties must present their case to a Judge within this time frame.
How will I be notified of the Simplified Trial?
A Notice of Simplified Trial and blank form of a Trial Statement will be sent to all parties to their address for service. The Notice will identify the time, date and location of the Simplified Trial.
What is a Trial Statement and what do I need to do with it?
A Trial Statement is a form for you to fill out with the facts, amounts claimed or disputed, list of names of witnesses, and for you to attach all relevant documents and records. The parties must acknowledge that they will be ready to proceed on the trial date, that the entire trial must be completed in the time allotted and they have attached all relevant documents and records. The parties must also agree that they can and should attempt to settle the matter before trial.
Each party will be required to complete and file a Trial Statement with the Court at least 14 days before the scheduled Simplified Trial. Each party must also provide a copy of their Trial Statement and all relevant documents and records to the opposing party at least 7 days before the Simplified Trial.
Who attends a Simplified Trial?
All parties involved in the action and their witnesses, if any, will attend before a Judge to present their case.
You may have a lawyer or agent attend with you, but this is not required. If an interpreter is needed it is your responsibility to make the necessary arrangements for a qualified interpreter to attend at your expense.
For more detailed information on witnesses review the sections My Date Is Set For Court, What Do I Expect? and Preparing For Court.
What happens at a Simplified Trial?
The parties present their versions of events to the Judge and present supporting documentation.
The Judge may ask you questions, permit witnesses and allow you or your lawyer to ask questions of the other parties and their witnesses. The other party may also ask questions of you and your witnesses. All people who give evidence will be required to take an oath or affirm that they will tell the truth.
At the conclusion of the trial the Judge will consider all the evidence presented. The Judge may give an immediate decision or may give it at a later date. The Judge may also award costs.
All parties will be sent a Certificate of Judgment or Order to their address for service confirming the Judge’s decision. For more detailed information review the section called Judgment and Court Costs.
How do I prepare for the Simplified Trial?
You must be ready to proceed on the Simplified Trial date. Requests for special requirements such as hearing assistance, voice amplifiers, TV and video equipment must be made on the Courtroom Audiovisual Request Form at least 30 days prior to the Simplified Trial.
If you have any witnesses, they may agree to come to Court voluntarily. If you want to ensure a witness comes to Court you should file and serve a Notice to Attend as a Witness and provide a witness allowance.
For detailed information and step by step instructions review the Notice to Attend as a Witness.
To better prepare yourself for Court review the sections My Date Is Set For Court, What Do I Expect? and Preparing For Court.
What if I do not attend the Simplified Trial?
If a party fails to attend the Simplified Trial, their Claim or Dispute Note may be struck or Judgment entered against them, or both.
Can I appeal the decision?
Yes, you can appeal a decision resulting from a Simplified Trial.
An appeal is a legal proceeding (process) by which a decision is brought from a lower court to a higher court to seek a different decision because of an error in fact or law.
For more information review the sections called Judgment and Court Costs and Appeals.
What Happens After Judgment is Given?
A Judgment is not necessarily the end of the process. If a party does not voluntarily pay, you may have to take steps to enforce (collect) the Judgment.
Enforcing the Judgment is not the responsibility of the Provincial Court. Once the Provincial Court Judgment is obtained, all enforcement steps must be taken by you in the Court of Queen's Bench.
It is important to note that the enforcement proceedings are at your expense although some of the costs may be added to the amount the party owes you.
For more information see Judgment and Court Costs.