Case Conference
What are the two main goals of a case conference?
The two main goals of a case conference in family law are:
1. to see if some or all issues can be settled, at least temporarily, while working towards a final settlement
2. to ensure that both parties have exchanged all necessary financial or other documents needed to resolve the issues on a final basis.
Can a motion be brought before a case conference?
Generally, in family law proceedings, a motion cannot be brought before the first case conference unless there are exceptional circumstances that require immediate attention or relief from the court. In that case, an urgent motion can be done. The motion can be ex parte if giving notiice to the party will negatively affect the outcome of the motion. This rule ensures that parties have an opportunity to discuss and possibly resolve issues before engaging in potentially costly and time-consuming litigation.
Who can request a case conference?
Any party involved in a family law matter in Ontario can request a case conference. This includes individuals going through divorce, separation, custody disputes, child support issues, or any other family-related legal matters.
How to book a case conference?
To book a case conference at the Superior Court of Justice (SCJ) in the context of a family law case, you generally need to contact the trial coordinator.
How do you inform the other party of the conference you booked?
Form 17 (Conference Notice) is a legal document used in the Superior Court of Justice in Ontario, Canada, to notify parties of a scheduled family law conference. It details the type of conference (case, settlement, or trial management), date, time, location, and the issues to be addressed. Here’s how to use Form 17 effectively:
- Complete the Form: Fill in all necessary details about the upcoming conference.
- Serve the Form: Deliver the completed form to all parties involved in the case to officially notify them.
- File the Form with the Court along with an affidavit of service (6A): Submit a copy to the court to ensure it’s part of the official record.
Proper use of Form 17 ensures all parties are informed and prepared for the conference, promoting an efficient resolution process.
How to prepare for a case conference?
1. Prepare the Necessary Documents: Prepare and file all required documents, including:
2. It is important to exchange financial disclosure: You must exchange detailed financial disclosures with the other party. This includes income tax returns, proof of current income, and details of assets and debts. This is done with updates to Form 13 and Form 13.1 plus a certificate of financial disclosure.
3. The applicant must serve the above forms to the opposing party 6 days before the conference and file the forms and an affidavit of service (Form 6A) with the court clerk at the courthouse where your case is being heard. This can typically be done by mail, in person, or electronically.
4. The respondent must must serve the above forms to the opposing party 4 days before the conference and file the forms and an affidavit of service (Form 6A) with the court clerk at the courthouse where your case is being heard.
5. Both parties must file a Form 17F: Confirmation of Conference at least three days before the case conference date. This form informs the court that you want the conference to proceed and outlines the issues to be discussed and the documents the judge should review for the conference.
6. Prepare for the Conference: Prepare yourself to discuss the issues outlined in your case conference brief, and be ready to negotiate with the other party in the presence of the judge.
What is in a case conference brief?
A case conference brief should include information about your family, details of your financial situation, the issues both parties agree on, the issues in dispute, and the topics you wish to discuss at the conference, along with facts the judge needs to know. You should also include your proposals for resolving the issues. If there are any procedural issues, those should be listed for the judge’s consideration, such as scheduling future steps or sharing documents. The judge can make procedural orders such as making disclosure orders, setting deadlines or booking future court appearances. Orders that affect the substantive rights of parties must be on consent. Beware that judges may pressure you to agree to specific orders and then include them in the endorsement as consent orders.