The odds of your next pre-trial conference settling the case is roughly a coin toss.
This is according to statistics from the Ministry of the Attorney General over the past 5 years.
53% of case that had a pre-trial settled before trial. 47% did not settle.
Bearing in mind that 2 issues are discussed at the pre-trial conference, namely: settlement and what the trial will look like, there are two ways to react to these odds:
1. Prepare for settlement only. The odds of settlement are slightly in your favour. What the trial will look like can be sorted out later.
2. Be prepared for both settlement and trial. If the case does not settle, the pre-trial order will affect the trial and the trial Judge and is likely to care about whether the pre-trial order was complied with.
Hassell Trial Counsel acts for law firms to conduct trials as their agent. We often participate at the pre-trial conference and make sure all is in order as trial nears.
This article is courtesy of the Ontario Civil Trial Manual
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