Cameron Miranda
Case management in Canadian law is a process designed to simplify the complexities of legal practice and make life easier for legal professionals. It involves lawyers orchestrating various elements of a legal case, from setting procedural timetables to addressing issues like evidence exchange and trial readiness. In criminal court, case management hearings are procedural gatherings where the judge, defence, and prosecution review and discuss the progress of a criminal case. In civil court, case management conferences are judicial meetings where parties involved in a civil lawsuit and the judge convene to discuss and plan the case's progression. Case management is governed by specific rules and is not available for certain types of civil cases in Canadian Superior Courts of Justice.
| Characteristics | Values |
|---|---|
| Purpose | To bring certain civil cases to a timely conclusion by early and active intervention of the court |
| Availability | Only available in Toronto, Ottawa, and the County of Essex (Windsor) |
| Case Management Conferences | Judicial meetings to discuss and plan the case's progression, including establishing timelines and identifying potential legal issues |
| Case Management Hearings | Procedural gatherings to review and discuss the progress of a criminal case, addressing issues like evidence exchange, trial readiness, and plea deals |
| Rules | Governed by Rule 77 of the Rules of Civil Procedure, with certain cases managed under Rule 37.15 |
| Objectives | Address and support the needs of newcomers, strengthen clients' capacity and skills for independent living, and encourage engagement in Canadian society |
| Support Types | Direct and indirect supports, referrals, and comprehensive needs assessments to facilitate access to community services and promote integration |
| Budget Limits | Implemented for costly and complex criminal trial defences, with varying thresholds depending on the case type |
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What You'll Learn
Case management conferences
Case management is a special system designed to bring certain civil cases to a timely conclusion by early and active intervention of the court. It focuses trial resources where they are needed most. Case management conferences (CMCs) are a normal part of the case management process.
A CMC is a meeting between the parties involved and the Board to discuss a case in progress. They are usually held by telephone, but can also be held via video conference or in person. The Board may organise a CMC to discuss the possibility of a settlement, or to discuss preliminary issues such as document requests or confidentiality orders. If a hearing is to take place, the Board may call a CMC to ensure the hearing proceeds smoothly.
In the case of a hearing, participants in a CMC should be prepared to set dates based on the availability of all involved parties, including witnesses. Participants should also be ready to outline how many hours or days it will take them to present their evidence, and to ask any questions about how the hearing will proceed.
In Ontario, there are several types of case management programs for lawyers working on criminal and family cases. These include Big Case Management (BCM), which sets budget limits for costly and complex criminal trial defences, and Mid-level case management, for complex criminal cases that are likely to cost less than $20,000 (or $30,000 for homicide cases).
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Case management hearings
In criminal court, case management hearings involve the judge, defence, and prosecution collectively reviewing the progress of a criminal case. This includes addressing issues such as evidence exchange, trial readiness, and the admissibility of evidence. Discussions surrounding plea deals, negotiations, and deadlines for pretrial activities also occur during these hearings. The hearings are tailored to the specific needs of each jurisdiction and may encompass matters such as the defendant's right to a speedy trial and security measures for high-profile cases.
In civil court, case management conferences serve as a platform for parties involved in a civil lawsuit and the presiding judge to discuss and strategize the case's progression. This includes establishing timelines for the exchange of discovery materials, exploring alternative dispute resolution methods such as arbitration or mediation, and identifying potential legal issues that could impact the outcome. Additionally, negotiating and setting deadlines for motions, as well as determining the need for injunctive relief, are integral components of these conferences.
Case management is governed by specific rules, such as Rule 77 of the Rules of Civil Procedure in Ontario, which applies to Toronto, Ottawa, and the County of Essex (Windsor). This rule empowers the court to impose a timetable for litigation steps and actively intervene to increase efficiency. In certain complex cases not covered by Rule 77, Rule 37.15 may be applied, allowing a judge or associate judge to make procedural orders and facilitate a swift and cost-effective resolution.
Legal Aid Ontario (LAO) also offers case management programs for lawyers handling criminal and family cases that are particularly complex and costly. These programs include Big Case Management (BCM), which sets budget limits for expensive cases, and Mid-level Case Management for complex criminal cases. Judge-Led Intensive Case Management Court (JICMC) certificates are also provided to address backlogs caused by the COVID-19 pandemic.
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Case management in criminal court
Case management is a carefully choreographed process that simplifies the complexities of legal practice, making life easier for legal professionals in law firms and courtrooms. It involves lawyers orchestrating various elements of a legal case, from the firm to the courtroom, with the goal of ensuring that all components come together seamlessly, resulting in a well-executed legal strategy and a successful resolution.
In civil court, case management conferences are judicial meetings where parties involved in a civil lawsuit and the judge come together to discuss and plan the case's progression. This includes establishing timelines for the exchange of discovery materials, discussing alternative dispute resolution methods, identifying potential legal issues, and setting deadlines for the submission of motions.
Legal Aid Ontario (LAO) provides case management programs for lawyers handling certain costly and complex criminal cases. These programs include Big Case Management (BCM), which sets budget limits for expensive criminal trial defences, and Mid-level Case Management, which handles complex criminal cases that are likely to cost more than $8,000 but less than the BCM threshold.
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Case management in civil court
Case management is a special system designed to bring certain civil cases in the Superior Court of Justice to a timely conclusion through early and active intervention by the court. It focuses trial resources where they are most needed and is currently only available in Toronto, Ottawa, and the County of Essex (Windsor).
Case management is governed by Rule 77 of the Rules of Civil Procedure. Under Rule 77, the court may impose a timetable for steps in the litigation process. Intervention by the court is intended to increase efficiency and facilitate the outcome of cases by settlement or a court hearing in a timely manner. A case that was started under simplified procedure (Rule 76) may be assigned to Rule 77 case management if the court determines that it is necessary. If this occurs, then the simplified procedure will no longer apply to the case. In some situations, the same judge may hear all the steps in a case-managed proceeding. The judge is assigned by the Regional Senior Judge for the court region or by another authorized judge.
Even when a case is assigned for case management by the court, the parties still have the primary responsibility for managing the proceeding and moving it forward. If a civil case is unusually complex but is not assigned to formal case management under Rule 77, it may be subject to a similar form of management under Rule 37.15 of the Rules of Civil Procedure. Under Rule 37.15, all the motions in a case can be assigned to a particular judge or associate judge. The judge may make procedural orders and give directions as necessary to facilitate the fastest and least expensive determination of the case. Rule 37.15 applies everywhere in Ontario.
All actions in Ottawa, Toronto, and the County of Essex (Windsor) are subject to mandatory mediation under Rule 24.1, whether they are case-managed or not, unless they are exempted under Rule 24.1 or by a court order. Unless the court orders otherwise, the parties must schedule with the registrar a pre-trial conference within 180 days of the matter being set down for trial. The court registrar will dismiss a civil action if certain steps are not taken within the time required by Rule 48.14 of the Rules of Civil Procedure. This rule applies to case-managed proceedings, as well as regular proceedings.
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Case management for newcomers
Case management is a legal process designed to streamline complex civil and criminal cases. It involves lawyers coordinating various elements of a legal case to ensure a seamless and successful resolution. In Canada, case management is also used to support newcomers in settling into and integrating with Canadian life.
The IRCC's Settlement Program and Case Management Framework aim to help newcomers address and overcome barriers, strengthen their capacity and skills for independent living, and encourage their engagement in the economic, social, political, and cultural life of Canada. Case management for newcomers involves comprehensive needs and assets assessments, settlement plans, regular check-ins, and the provision of personalized and intensive support. This support is tailored to each newcomer's unique life experiences and obstacles and helps them access a range of services, such as the Resettlement Assistance Program (RAP) for government-assisted refugees.
Case management in the legal context shares similarities with case management for newcomers. Both involve careful coordination, proactive intervention, and the provision of tailored support to achieve successful outcomes. In the legal context, case management conferences or hearings bring together the relevant legal parties to discuss the case's progression, set timelines, address disputes, and make procedural decisions. Similarly, case management for newcomers involves regular check-ins and coordinated referrals to community services to facilitate access to needed support.
While the specifics of legal case management vary based on the type of case and jurisdiction, the overall goal is to ensure timely and efficient case resolution. This may include the early and active intervention of the court, the imposition of timetables, and the narrowing or consolidation of issues. In the context of newcomer case management, this translates to providing direct and indirect support, enhancing access to community services, and empowering newcomers to independently access and utilize available resources.
In summary, case management for newcomers in Canada involves a comprehensive and proactive approach to supporting individuals as they settle into and integrate with Canadian society. By addressing their unique needs and providing tailored support, case management helps newcomers build the skills and capacity for independent living and active participation in various aspects of Canadian life.
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Frequently asked questions
Case management is a system designed to bring certain civil cases to a timely conclusion by early and active intervention of the court. It focuses trial resources where they are most needed and is governed by Rule 77 of the Rules of Civil Procedure.
A case management conference is a judicial meeting where parties involved in a civil lawsuit and the judge discuss and plan the case's progression. Events include establishing a timeline for the exchange of discovery materials and discussing alternative dispute resolution methods.
Case management hearings in criminal court are procedural gatherings where the judge, defence, and prosecution review and discuss the progress of a criminal case, addressing issues like evidence exchange and trial readiness.
Legal Aid Ontario (LAO) provides case management programs for lawyers handling certain costly and complex cases. Examples include Big Case Management (BCM), which sets budget limits for costly criminal trial defences, and mid-level case management for complex criminal cases such as homicide and sexual assault.
Case management for newcomers aims to support the successful settlement and integration of individuals into Canadian life. It involves comprehensive needs and assets assessments, settlement plans, regular check-ins, and the provision of personalised and intensive support to help clients access a range of services.
