Nygren v. Canada
T-853-96
Hargrave P.
17/12/99
5 pp.
Pre-trial conferences-Plaintiff seeking $45,000 in action for constructive dismissal, overtime, resolution of grievance-In effort to settle, plaintiff dropping portion of claim amounting to $9,500-Would seem to open way for ad hoc settlement discussions, pre-trial conference as set out in r. 263(a)-Sgayias, David et al. in both 1999, 2000 editions of Federal Court Practice, Carswell stating principle change requirement in r. 263(a) parties, solicitors come to pre-trial conference ready to discuss possibility of settlement or alternative dispute resolution-Sgayias, in commenting on r. 260, noting authorized representative, either of corporation or of government, must be authorized to discuss subjects listed in r. 263, including settlement-Could be unrealistic, in some instances, to expect representative of party to come fully equipped to make complex, costly or far-reaching decisions-However, representative at pre-trial conference must be vested with enough authority to make settlement discussion meaningful-Otherwise no point in having requirement to address settlement possibilities included in rule dealing with scope of pre-trial conference-R. 260 requiring presence of representative-Often, particularly when amount at stake modest, or where client at distance, mandatory attendance requirement waived, sometimes by Court order, but often tacitly, so long as party, or authorized representative, available by telephone to engage in meaningful settlement discussion and to make settlement decisions within reasonable, objective limits-In present instance, Crown's representative, available by telephone, not authorized to make any decision as to settlement, but could only make representations to superiors-Deputy Minister required to make any decision, offer, counter-offer as to settlement in this matter involving only $35,000-Not within intent, spirit of Rules dealing with pre-trial conferences-Sorry state of government if manager unable to make decision involving $35,000, or less-But if Deputy Minister's attendance in Vancouver for hour over small claims matter required, so be it-Pre-trial conference further adjourned-Crown ordered to have someone in attendance at conference who is appropriately instructed so as to be able to take part in settlement negotiations and, if reasonable opportunity, to complete settlement-Costs of further adjourned pre-trial conference to plaintiff in amount of $300, payable forthwith-Federal Court Rules, 1998, SOR/98-106, rr. 260, 263(a).