If you proceed to a compulsory conference and the matter has not settled, then each party is required to make a written final offer which is open for a period of 14 days.
Upon the expiration of your written final offer (day 15), proceedings must be filed in court within 60 days of the date of the compulsory conference. This becomes the new limitation date and overrides the old limitation date as three years from the date of the event.
As stated above, a Statement of Claim must be filed in court within 60 days of the compulsory conference and before the expiration of the three year statutory time limitation.
Your matter is then governed by the Uniform Civil Procedure Rules and will proceed to a trial.
There are cost consequences of proceeding to trial. This is in contrast to the no cost provisions under the compulsory pre-court procedure of the Personal Injuries Proceedings Act.
If you proceed to trial and you are successful, the Judge will generally award you your costs on a standard basis. Alternatively, if you proceed to trial and are unsuccessful, the Judge will award you to pay costs.
It is important that this issue is taken into consideration before proceeding to trial.Start My Claim