Anaya Nolan
A case conference is an off-the-record, private meeting between the parties of a case, their lawyers, and a master or judge in a courtroom. It is a key step in the family law process in Canada, and it is often mandatory. The conference is an opportunity for both parties to speak to a judge about the issues in their family law matter for the first time. The judge's role is to guide the discussion and help to narrow down the issues, rather than making any final decisions. The judge can make certain orders, such as requiring parties to disclose certain documents or identifying the next steps in the case. The conference is also an opportunity for both parties to try to agree on their issues without going to a motion or trial.
| Characteristics | Values |
|---|---|
| Purpose | To discuss and attempt to resolve issues in a family law matter |
| Participants | Parties to the case, their lawyers, and a judge or master |
| Record | Off-the-record, private, and confidential |
| Location | Courtroom |
| Timing | First appearance before a judge on a family law matter |
| Preparation | Completion of Form 17 (Conference Notice) and Form 17A (Case Conference Brief) |
| Confirmation | Submission of Form 17F (Confirmation of Conference) to the court office |
| Outcome | Judge's recommendations and potential orders for next steps |
| Follow-up | Settlement conference or motion |
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What You'll Learn
- Case conferences are off-the-record, private meetings between parties, their lawyers, and a judge
- The judge guides the discussion, helping to narrow down issues, but doesn't make final decisions
- The judge can make certain orders, such as requiring parties to disclose documents or participate in alternative dispute resolution
- The goal is for both parties to agree on some or all issues without going to trial
- Case conferences are a mandatory step in the family law process in Canada
Case conferences are off-the-record, private meetings between parties, their lawyers, and a judge
Case conferences are a key step in the family law process in Canada. They are off-the-record, private meetings between parties, their lawyers, and a judge or associate judge. Case conferences are relatively informal, but respectful conduct is vital. The judge's role is to guide the discussion and help narrow down the issues, rather than making any final decisions or rulings. The judge can, however, make certain orders, such as requiring parties to disclose documents or participate in alternative dispute resolution.
The first step is to confirm attendance at the case conference. This is done by filling out Form 17F: Confirmation of Conference and delivering it to the court office no later than 2:00 pm, three days before the conference. If attendance is not confirmed, the conference may be cancelled.
Before the case conference, lawyers prepare a document (a "Case Conference Brief" Form 17A) outlining the issues in dispute, which is provided to the other party and the court. Lawyers also discuss the issues with the other party's lawyer. Settled issues may form the basis of a draft court order, which can be provided to the judge.
At the case conference, the judge looks at the information provided and listens to what both parties have to say. Parties are expected to speak truthfully and politely to everyone. The goal is to get the parties to agree on some or all of the issues without going to a motion or trial. The judge can give suggestions for how the issues could be resolved and indicate how another judge is likely to decide the issues if the case goes to motion or trial. The judge's recommendations are not binding, but they can influence the direction of the case.
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The judge guides the discussion, helping to narrow down issues, but doesn't make final decisions
A case conference in family law in Ontario is a key step in the legal process. It is an off-the-record, private meeting between the parties of a case, their lawyers, and a judge or master in a courtroom. The first appearance in court is a required first step, which is usually an administrative meeting with the other party and their lawyers, and sometimes a clerk or a Dispute Resolution Officer (DRO). This is followed by a case conference, which is the first time the parties will speak to a judge about the issues in their case.
The judge's role in a case conference is to guide the discussion and help narrow down the issues, but they do not make any final decisions. The judge considers the information provided and listens to both parties, who are expected to speak truthfully and politely. The judge can then give suggestions on how the issues could be resolved and predict how another judge may decide the issues if the case goes to motion or trial. The judge can also make certain orders, such as requiring the parties to disclose certain documents or participate in alternative dispute resolution.
The purpose of a case conference is to explore ways to resolve the issues in dispute and encourage the parties to agree on some or all of the issues without going to trial. This can include identifying areas of agreement, determining what information or documents need to be exchanged, and setting a specific timetable for the case. Respectful conduct is vital during a case conference, and a cooperative attitude is encouraged to help move the case towards resolution.
While the judge's recommendations are not binding, and the parties are not required to agree with them, they can influence the direction of the case. If the parties do not resolve their issues at the case conference, the next step is either a settlement conference or a motion. The parties can bring a motion after the case conference to ask the court for a temporary order.
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The judge can make certain orders, such as requiring parties to disclose documents or participate in alternative dispute resolution
A case conference is a key step in the family law process in Canada. It is an off-the-record, private meeting between the parties of a case, their lawyers, and a master or judge in a courtroom. During the conference, the judge looks at the information provided and listens to what both parties have to say. The parties are expected to speak truthfully and politely to everyone at the conference. Respectful conduct is vital during a case conference. Even though the judge won't be making major rulings, their opinions can influence the direction of the case.
The judge can make certain orders at a case conference. For instance, if financial disclosure remains outstanding, the judge can make an order requiring either party to provide the other with the necessary documents. The judge can also order that a party pay all or some of the other party's costs for the conference. Additionally, the judge can make an order identifying the next steps to be taken in the case, such as scheduling a settlement conference or a trial management conference.
In terms of specific documents, if you are the applicant, you must serve and file your case conference brief (Form 17A) six days before the conference. If you are the respondent, you must do so no later than four days before. Along with Form 17A, you may need to update your financial statement if it's been more than 60 days since the original was filed. If you are required to serve and file a financial statement, you must remove all financial account numbers and personal identifying information. You must keep the original documents because a judge may want to see them.
The judge can also order parties to participate in an alternative form of dispute resolution, but only if both parties agree. It is important to note that the judge's recommendations at a case conference are not binding, and you don't have to agree with their suggestions for settlement. If you and your partner cannot resolve your issues at the case conference, the next step will be either a settlement conference or a motion.
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The goal is for both parties to agree on some or all issues without going to trial
A case conference is an off-the-record, private meeting between the parties of a case, their lawyers, and a master or judge in a courtroom. It is a key step in the family law process in Canada and is often mandatory. The goal of a case conference is for both parties to agree on some or all issues without going to trial.
During the case conference, the judge will look at the information provided and listen to what both parties have to say. Both parties are expected to speak truthfully and politely to everyone at the conference. The judge's recommendations at a case conference are not binding, but they can give suggestions for how the issues could be resolved and tell the parties how another judge is likely to decide the issues if the case goes to trial.
Before the case conference, each party's lawyer prepares a document (a "Case Conference Brief" Form 17A) outlining the issues in dispute, which is provided to the other party and the court. The lawyers also contact each other to discuss the issues in dispute and any issues on which their clients agree. Settled issues may form the basis of a draft court order, which can be provided to the judge hearing the case conference.
Three days before the conference, the lawyers provide the court with a Confirmation of Conference (Form 17F), which summarizes the issues to be addressed and notes the anticipated length of time needed. The judge can make certain orders at a case conference, such as ordering the parties to provide each other with certain documents, identifying the next steps to be taken, or ordering the parties to participate in an alternative form of dispute resolution.
If the parties cannot resolve their issues at the case conference, the next step will be either a settlement conference or a motion. It is important to approach case conferences with a cooperative attitude and a willingness to listen and engage respectfully with both the judge and the other party.
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Case conferences are a mandatory step in the family law process in Canada
For some cases at the Superior Court, a first court date or first appearance is mandatory before the case conference. However, in all cases at the Ontario Court of Justice, this first appearance is a required first step. This first appearance is an administrative meeting where both parties and their lawyers meet with a clerk to ensure all relevant documents have been filed and served.
At the case conference, the judge reviews the information provided and listens to both parties. The judge's role is to guide the discussion and help narrow down the issues, rather than making any final decisions. The judge can make certain orders, such as requiring the parties to provide each other with specific documents or identifying the next steps in the case. The conference is an opportunity for both parties to discuss their issues and try to reach an agreement without going to a motion or trial.
To prepare for a case conference, specific forms must be completed and filed within the required time frames. These forms include Form 17 (Conference Notice) and Form 17A (Case Conference Brief). Respectful conduct is vital during a case conference, and parties are expected to speak truthfully and politely to everyone present. While the judge's recommendations at a case conference are not binding, their opinions can influence the direction of the case.
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Frequently asked questions
A case conference is a private, off-the-record meeting between both parties of a case, their lawyers, and a judge or master in a courtroom. It is a key step in the family law process in Canada and is usually the first time the two parties speak to a judge about their case.
The judge's role is to guide the discussion and help narrow down the issues rather than making any final decisions. They can make certain orders, such as requiring parties to disclose certain documents or identifying the next steps in the case. The goal is to encourage both parties to agree on some or all of the issues and avoid extra steps in the court process.
You need to confirm your attendance with the court using Form 17F: Confirmation of Conference. You must also fill in Form 17 (Conference Notice) and Form 17A, Case Conference Brief. Form 17A outlines the issues in dispute and is provided to the other party and the court. You must serve and file Form 17A six days before your case conference if you are the applicant and no later than four days before the conference if you are the respondent.
If the issues are not resolved at the case conference, the next step is either a settlement conference or a motion. Either party can bring a motion to ask the court for a temporary order.
