Gavin Howe
A case conference is a private and confidential meeting between both parties in a family law case, their lawyers, and a judge. It is an opportunity for both parties to discuss their issues and try to resolve them without going to trial. The judge guides the discussion and may suggest ways to resolve the issues, but they do not make any final decisions or rulings. The conference can be held in a courtroom or a conference room at the court, and all parties named in the case must attend. It is a key step in the family law process in Canada and is usually the first time both parties speak to a judge about their case.
| Characteristics | Values |
|---|---|
| Who attends a case conference? | All parties named in the case, their lawyers, and a master or judge. |
| Where is a case conference hosted? | In courtrooms, the judge's office, or via telephone or video conference. |
| Who can request a case conference? | The clerk at the first court date, one of the parties, or the judge. |
| What is discussed at a case conference? | Identifying areas of dispute and agreement, determining how to move the matter forward, and scheduling future proceedings. |
| What is the role of the judge? | To guide the discussion, help narrow down issues, and provide suggestions for resolving disputes. |
| Are the judge's recommendations binding? | No, parties are not required to agree with the judge's suggestions for settlement. |
| What happens if parties cannot resolve their issues? | The next step is either a settlement conference or a motion, where a judge may make a temporary order. |
| How many case conferences are required? | At least one conference must be held in each family case, but there may be more if requested or ordered by the judge. |
| What is the purpose of a case conference? | To explore ways to resolve issues in dispute, ensure disclosure of relevant evidence, and set a timetable for the case. |
| What is the appropriate conduct during a case conference? | Respectful and cooperative behaviour is important. Parties are expected to speak truthfully and politely to the judge, lawyers, and the other party. |
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What You'll Learn
Who attends a case conference
A case conference in family law 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 mandatory step in the family law process in Canada, and all parties named in the case must attend. This includes any lawyers representing either party.
Case conferences are typically held in a courtroom or a conference room at the court. If neither party has a lawyer, the conference will likely take place in a courtroom. The judge's role is to guide the discussion and help narrow down the issues, rather than making any final decisions. They may suggest ways to resolve the issues and can tell the parties how another judge is likely to decide the issues if the case goes to trial.
Prior to the case conference, each party's lawyer prepares a document, known as a "Case Conference brief" Form 17A, outlining the issues in dispute, which is provided to the other party and the court. Three days before the conference, the lawyer also provides the court with a Confirmation of Conference (Form 17F), which summarises the issues to be addressed and the anticipated length of time needed.
The goal of a case conference is to encourage the parties to agree on some or all of the issues without going to a motion or trial. It is an opportunity for the parties to discuss their issues and explore ways to resolve them, with the guidance of the judge. The judge may also address scheduling future proceedings, such as hearings or mediation sessions, and ensuring disclosure of relevant evidence, including financial information.
It is important to approach case conferences with a cooperative attitude and a willingness to listen and engage respectfully with the judge and the other party. While the discussions at a case conference are confidential and cannot be used as evidence in further proceedings, the judge's recommendations can influence the direction of the case.
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Where is it hosted
Case conferences in family law are typically held in a courtroom or the judge's office. They may also be held via telephone or video conference if approved by the judge. The location of the case conference may vary depending on the specific court and country.
In most cases, if both parties do not have legal representation, the conference will be held in a courtroom. However, if both parties have lawyers, the conference may be held in a conference room at the court.
The specific location of the case conference will be communicated to the parties involved in advance, and they are expected to arrive prepared and on time. It is important to note that case conferences are generally informal meetings, but respectful conduct is still expected.
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How to prepare
A case conference is a crucial step in the family law process in Canada. It is an off-the-record, private meeting between both parties, their lawyers, and a judge or master in a courtroom. The goal is to identify areas of dispute and agreement and determine how to move the matter forward without going to trial.
- Gather and Submit Relevant Documents: Before the conference, ensure you have gathered all the necessary evidence and documents, such as financial records, parenting schedules, and other supporting information. Submit these documents to the court and exchange them with the other party. This helps identify areas of dispute and agreement and ensures disclosure of relevant evidence.
- Complete the Case Conference Brief (Form 17A): Prepare and submit Form 17A, also known as the Case Conference Brief. This document outlines the issues in dispute and is provided to both parties and the court. It is essential to list the issues you want to address and include relevant facts for the judge's consideration.
- Consider Alternative Dispute Resolution (ADR): Since March 2021, it is mandatory to consider using an alternative dispute resolution process, such as mediation, to resolve issues out of court if suitable. This early intervention can help narrow down the issues and explore settlement options.
- Communicate with Your Partner: Reach out to your partner before the case conference to discuss the issues. This can be done in person, in writing, or with legal representation. Failure to do so may result in postponement or additional legal cost obligations.
- Arrive Early at the Courthouse: Plan to arrive 30 to 60 minutes before the scheduled conference time. This allows for finding the correct room and getting settled before meeting with the judge. If you don't have legal representation, speak to Duty Counsel, who may provide legal assistance if you are financially eligible.
- Be Prepared to Discuss and Negotiate: During the conference, be prepared to discuss the issues openly and explore possible resolutions. The judge will guide the discussion and help identify areas of agreement and dispute, but they will not make binding decisions. The focus is on narrowing down the issues and determining the next steps, such as scheduling future proceedings or mediation sessions.
Remember, each case is unique, and it is always advisable to seek legal counsel for specific guidance on preparing for a case conference in family law.
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What happens during the conference
A case conference in family law is an off-the-record, private meeting between the parties of a case, their lawyers, and a judge in a courtroom. It is a mandatory step in the family law process in Canada and usually the first time the parties speak to a judge about the issues in their case.
During the conference, the judge guides the discussion and helps to narrow down the issues. They do not make any final decisions or rulings, but their opinions can influence the direction of the case. The judge looks at the information provided and listens to both parties, who are expected to speak truthfully and politely.
Before the conference, lawyers prepare a document outlining the issues in dispute, which is provided to the other party and the court. At the conference, the parties identify areas of dispute and agreement, determine what information or documents need to be exchanged, and decide how to move the case forward.
The judge can make suggestions for resolving the issues and tell the parties how another judge is likely to decide the issues if the case goes to trial. The parties are then encouraged to try to resolve some or all of the issues based on the judge's suggestions. If financial disclosure is outstanding, the judge can order either party to provide the necessary documents.
The judge's recommendations are not binding, and if the parties do not resolve their issues at the conference, the next step is typically a settlement conference or a motion. The goal of the case conference is to get the parties to agree on as many issues as possible without going to trial, as trials can be costly, time-consuming, and stressful.
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What happens after
A case conference in family law is an off-the-record, private meeting between both parties, their lawyers, and a judge. It is a mandatory step in the family law process in Canada, and the first opportunity for both parties to speak to a judge about the issues in their case.
After a case conference, the judge will usually return your case conference brief to you. This document does not remain in your court file once the conference is over, as the discussions at a case conference are confidential and cannot be shared with another judge or used as evidence in a motion or trial.
If you and your partner are close to agreeing on your issues, the next steps are usually a settlement conference and then a trial management conference. However, a judge can decide to skip or combine conferences. For example, if you and your partner are not close to agreeing on your issues, the next step will be either a settlement conference or a motion.
If you and your partner do not resolve your issues at the case conference, either party can bring a motion after the conference to ask the court for a temporary order. At a motion, the judge may or may not make the same decision as the judge at the case conference. A judge's decision is based on many things, including the evidence that each party presents to the court.
If you and your partner agree on any issue during your case conference, the judge can make an order based on your agreement. Usually, you write your agreement out in a consent agreement or minutes of settlement, and the judge will make it into a consent order.
If you and your partner have tried family mediation, a judge can allow you to move directly to a combined case conference and settlement conference. A judge can only do this when you and your partner have been screened for power imbalances and domestic violence, and have already discussed your issues and shared financial statements.
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