The settlement conference

You will receive notice by regular mail from the court office telling you to attend a settlement conference at the small claims court. Both parties must participate in this settlement conference.

All documents that you will rely on at the trial that you have not already attached to the file, along with a list of proposed witnesses, must be filed with the court and served to the other party at least 14 days prior to the settlement conference. You need to mail these documents at least 16 days before the settlement conference for them to be admissible.

At the settlement conference, which is presided over by a judge, the corporation's representative and you must openly and frankly discuss the issues in dispute.

The conference is a very informal affair held in a meeting room. You will state your facts and then the defense will respond.

At my conference, I went alone while the property manager accompanied the board’s lawyer. After hearing both sides, the judge was willing to grant me the $500 right there and then which seemed to upset the lawyer.

The settlement conference concluded with the condo's lawyer writing an agreement that I would be given the opportunity to examine the records within the next month. Within the next two days I was to send the lawyer a full list of the documents that I had requested to examine. We both signed the agreement and agreed that a second settlement conference would be held if the agreement was breached.

(Disputes over access to condo records are now heard by the Condominium Authority Tribunal. If you win you case and are awarded money, if the condo corporation fails to pay, you can then take the condo corporation to Small Claims Court.)

The information on this chapter is to be used only as guide and is not intended to be taken or understood to be legal advice. For legal advice, consult a lawyer that is experienced in condominium law.

top   contents   chapter   previous   next