Resolution Tracks: Binding Judicial Dispute Resolution (BJDR)
Binding Judicial Dispute Resolution (BJDR) is an informal process intended to assist the parties with reviewing the facts, helping to identify those facts that are agreed upon or in dispute and clarifying issues between the parties. It is expected that the parties will make every effort to settle the action at the BJDR. Settlement discussions allow the parties to have a say in the outcome. If a settlement is not reached, the discussions will assist the Judge in giving a binding decision.
A BJDR is conducted by a Justice and all parties will present their case. In order for the action to proceed by way of a BJDR, all parties must consent in writing to the process. At the conclusion of the BJDR, the Judge will give a binding decision which cannot be appealed.
How is an action selected for a BJDR?
If an action is considered appropriate for a BJDR, a letter along with the BJDR Consent / Refusal Form is sent to all parties to their address for service. The parties will have 20 days to respond. Parties may consent or decline to participate in the BJDR. If a party fails to respond, that party is deemed to decline participation at a BJDR.
If all parties consent to BJDR
- A Notice of BJDR will be sent to all parties to their address for service. All parties must exchange their documents and records with the other parties at least 14 days before the scheduled BJDR.
If not all parties consent to BJDR
- If any party does not consent, the file will automatically proceed to an alternate Resolution Track selected by the Court and will be scheduled for a Simplified Trial or Trial.
- All parties will be sent a Notice to their address for service confirming the assigned Resolution Track. The Notice will identify the time, date, location and purpose of the next Court appearance.
How will I be notified of the BJDR?
All parties will be sent a Notice of Binding Judicial Dispute Resolution (BJDR) to their address for service. The Notice will identify the time, date and location of the BJDR.
Who attends a BJDR?
All parties must attend the BJDR. If a lawyer or agent represents a party they must bring the party they represent to the BJDR. Witnesses may be permitted at the BJDR at the discretion of the Justice. If an interpreter is needed, it is your responsibility to make the necessary arrangements for a qualified interpreter to attend at your expense.
What happens at a BJDR?
Listed below are possible outcomes at a BJDR:
BJDR resolves the action
- Parties will sign a Settlement Agreement or the Court will prepare an Order confirming the terms of the settlement.
- If a party does not comply with the Settlement Agreement or Order, a Judgment may be issued against that party.
- When the terms of the Settlement are fulfilled, a Notice of Withdrawal of the Civil Claim and / or Counterclaim must be filed.
- No further Court appearances may be required.
BJDR does not resolve the action
- The Justice may:
- give a final and binding Judgment which cannot be appealed. All parties will be sent a copy of the Judgment to their address for service; or
- if the Justice decides that a Judgment is not appropriate the action will be scheduled for a Trial. All parties will be sent a Notice to their address for service confirming the assigned Resolution Track. The Notice will identify the time, date, location and purpose of the next Court appearance.
- The Court may award costs.
How do I prepare for the BJDR?
You must be ready to proceed on the BJDR 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 BJDR.
All parties should exchange all records and documents relating to the action at least 14 days before the scheduled BJDR. This includes copies of documents, contracts, cheques, invoices, letters, receipts, repair estimates, photographs or videos, printouts of any e-mails or other electronic messages, copies of transcripts of any voicemail messages, or any other materials that relate to the action.
To better prepare yourself for Court review My Date Is Set For Court, What Do I Expect? and Preparing for Court.
What if I do not attend the BJDR?
If a party fails to attend the BJDR, their Claim or Dispute Note may be struck or Judgment entered against them, or both.
Can I appeal the decision?
No, a decision given at a BJDR is final and binding.