| If you have a personal injury law suit in Ottawa, | | | | say at trial. |
| Ontario or certain other jurisdictions in this province, | | | | You will likely meet with your lawyer before the |
| you will have a settlement conference before there | | | | settlement conference to discuss your settlement |
| is a trial date set. | | | | position and any developments in the case that arise |
| The purpose of a settlement conference is to settle | | | | from the defence lawyer's settlement conference |
| the case or narrow the contentious issues in the | | | | brief. |
| case. In a personal injury case, the issues are usually: | | | | Different judges run settlement conferences in |
| who was responsible for the accident and what are | | | | different ways. Sometimes all the parties, lawyers |
| injuries worth? | | | | and the judge will meet in a court room. The lawyers |
| A case management judge or another court official | | | | will make submissions and the judge will comment |
| called a case management master facilitates a | | | | and then give an evaluation of the case. |
| discussion of the issues and reviews the strengths | | | | In other cases, the judge will meet privately with the |
| and weaknesses of each party's case. | | | | lawyers and go through the case and then come |
| The lawyers for the injured person and the injured | | | | back into the courtroom to speak to the parties |
| person attends. The lawyer for the defence, usually | | | | about his or her views. |
| hired by the insurance company, as well as a | | | | A settlement conference may last one hour or it |
| representative of the defence, usually a claims | | | | may last several, particularly if the parties are actively |
| examiner or adjuster, will also be present. | | | | negotiating. |
| Before the settlement conference is held, parties are | | | | If a settlement is reached, the case will not proceed |
| required to complete all examinations for discovery, | | | | beyond the settlement conference. |
| produce all of the required documents and complete | | | | If a settlement is not reached, the judge will discuss |
| any related motions. | | | | the expected length of the trial with the lawyers and |
| Your lawyer will prepare a brief with a detailed outline | | | | a trial date will be set. |
| of the evidence you will be leading at trial. This will | | | | Although the parties will often be disappointed if the |
| include key passages from the transcripts from the | | | | case does not settle, having a fixed trial date |
| examination for discovery, important medical records | | | | motivates the parties to continue to work toward |
| and expert reports. The brief will also identify the | | | | settlement. It also provides a deadline for the |
| witnesses you intend to call at trial and what they will | | | | resolution of the casethe trial date. |