What happens at conferences?

At conferences in family law, parties discuss the case’s issues before a judge, who may provide directions on how to proceed. These conferences can help identify agreed-upon issues, streamline the process, and potentially lead to settlements. Different types of conferences serve specific functions, aiming to facilitate the resolution of the case. At conferences, you may canvass your issues to the judge and the judge can give you his/her opinion.  Unlike motions, conferences only permit procedural orders to be made. This means that substantive orders (which include parenting time, decision-making responsibility, property division, and spousal support etc.), are usually made during motions and not made during conferences unless consented upon by both parties. 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.

 

Name the different types of conferences in family law.

The types of conferences in family law are:

• Case Conference: The first formal court appearance where parties discuss issues, procedural matters, and potential resolutions. It helps to identify areas of agreement and streamline the process.

• Settlement Conference: Focuses on resolving the case without going to trial. The judge can offer opinions on the strengths and weaknesses of each party’s case to encourage settlement. Also, it is mandatory to serve an  Offer to Settle which is covered by Rule 18 of the Family Law Rules. The Offer to Settle is a confidential document that does not go into the court file. 

• Trial Scheduling Conference: specific to the Superior Court of Justice (SCJ), is a procedural step where the court and parties schedule the timing for a trial. This conference ensures that the trial date is set with a clear understanding of the case’s complexity and the time required to present it effectively.

• Trial Management Conference: Occurs closer to the trial date, aiming to ensure both parties are prepared for trial. It addresses matters like witness lists, issues to be tried, and trial duration estimates.

• Exit Pre-Trial Conference: This is the final opportunity to resolve the dispute before trial

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:

1. Complete the Form: Fill in all necessary details about the upcoming conference.
2. Serve the Form: Deliver the completed form to all parties involved in the case to officially notify them.
3. 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:

• • • Form 17A: Case Conference Brief
    • Updates to Form 13 or 13.1: Financial Statement (if the case involves support or property issues)
    • Form 13A: Certificate of Financial Disclosure

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 3 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 so the judge can order them. 

Can conferences be combined? Under what conditions are they combined? How do you ask for them to be combined? 

To request combined conferences, you should mention this in your case conference brief or through a separate request to the court. This strategy is often used when it’s efficient to address multiple procedural or substantive matters together, but the specific process for requesting and approval may vary. It’s important to communicate your reasoning for combining conferences with the court and ensure that it aligns with judicial efficiency and the effective management of your case.

Conferences are typically combined by the judge’s decision if you and the other party have already gone through the processes of family mediation. However, the judge may only combine conferences after you and the other party have:

• Screened for domestic power imbalance and/or domestic violence
• Shared your financial statements
• Filed Form 17G (a Certificate of Dispute Resolution), completed
• No outstanding motions for temporary Orders

Which court forms do you fill out for a conference?

For a conference, you’ll need to complete and file:

1. Form 17A: Case Conference Brief
2. Form 13/13.1: Financial Statement (if there are updates)- an Affidavit that confirms there have been no changes to the financial status of your party
3. Form 13A: Certificate of Financial Disclosure
4. Form 17F: Confirmation of Conference-  to confirm you will be attending the conference, which must be submitted by 2 pm 3 business days before the day of the conference 

These forms ensure the court is informed about the financial situations of the parties involved and confirm the details of the conference

What extra forms do you need to fill out for a settlement conference?

For a settlement conference, in addition to the standard forms required for conferences, you may need to provide a Settlement Conference Brief. This brief outlines your proposals for settling the case and any other relevant information that can help achieve a resolution. It’s designed to focus the discussions during the settlement conference toward reaching an agreement. 

While the specific forms required may vary depending on the court and jurisdiction, here are some common forms you may need to fill out for a settlement conference:

Form 17C: Settlement Conference Brief

This form is typically required for both parties to fill out and file before a settlement conference. It summarizes the issues in dispute, proposals for resolution, and any other relevant information that the court should consider during the conference.

Form 14B: Motion Form

If you are requesting specific orders or seeking to address particular issues during the settlement conference, you may need to fill out a Motion Form (Form 14B). This form outlines the relief you are seeking from the court and the reasons for your request.

Form 13: Financial Statement

If financial matters, such as child support or spousal support, are at issue in your case, you may need to complete a Financial Statement (Form 13). This form provides detailed information about your income, expenses, assets, and liabilities.

Form 13.1: Financial Statement (Property and Support Claims)

Similar to Form 13, Form 13.1 is used to provide financial information relevant to property division and support claims. It includes detailed information about your financial situation and assets.

Form 13A: Certificate of Financial Disclosure

This form is used to confirm that you have provided complete and accurate financial disclosure to the other party as required by the Family Law Rules.

Form 17F: Confirmation of Conference

These are some of the common forms you may need to fill out for a settlement conference in Ontario family court proceedings. 

What form do you need for a trial scheduling conference?

In Ontario, Canada, for a trial scheduling conference in family law matters, you typically need to fill out the following form:

Form 17D: Confirmation of Trial Readiness

This form is used to confirm that both parties are ready for trial and to provide the court with information regarding trial scheduling preferences and the estimated length of the trial.

Additionally, you may need to fill out other forms depending on the specific requirements of the court where your case is being heard. It’s essential to check with the court and review the Family Law Rules to ensure you have all the necessary forms and comply with procedural requirements.

What is a trial management conference?

A trial management conference is a meeting before a trial begins, focusing on preparing for the trial. It ensures that both parties are ready, and discusses issues like witness lists, how long the trial might take, and any other procedural matters to make the trial process more efficient. This conference is crucial for streamlining the upcoming trial, making sure everything is in order for a smooth proceeding.

What extra forms do you need for a trial management conference?

For a Trial Management Conference, you may need to prepare a Form 17E: Trial Management Conference Brief, which outlines your readiness for trial, lists witnesses, and estimates the trial’s length. Rule 17(6) of the Family Law Act covers trial management conferences. This brief helps ensure that both parties and the court are prepared for the trial, focusing on the efficient management of trial time. The judge may limit the number of witnesses

Summarize which forms do you fill out for a trial management conference?

If your case is held at the Ontario Court of Justice, you must fill out: 

• Form 17 (Conference Notice)

• Form 17E (Trial Management Conference Brief)

If your case is held at the Superior Court of Justice or the Family Court of the Superior Court of Justice, you must fill out:

• A Trial Scheduling Endorsement Form

• Form 14A (Offer to Settle)

• A draft of your opening statement that you will present at the trial 

You also must update your financial information if the last financial statement you provided the court is more than 60 days old. You can do this by filling out, serving, and filing certain documents depending on your circumstances:

• If there has been a big change in your financial situation compared to the last financial statement you filed, a new Form 13 or 13.1 (Financial Statement) 
• If there have been no changes or minor changes since your last financial statement, Form 14A (Affidavit) and include details of the minor changes

No matter which one you fill, you must fill out Form 13A (Certificate of Financial Disclosure) because this form is where you can list all the documents that prove the information you have in your new/old financial statement.

 

What are the timelines for filing and serving conference documents?

In Ontario courts, the timelines for filing and serving conference documents are typically as follows:

The party that scheduled the conference must serve and file their conference brief and other required documents at least 6 days before the scheduled conference date. 

 The other party must serve and file their documents at least 4 days before the scheduled conference date.

The confirmation of conference must be served at least 3 days before the conference.

Explain the new requirements to reach out to your partner before the conference (including date of implementation). What should you discuss?

As of January 1, 2021, before a case conference, parties in Ontario must make a genuine effort to resolve as many issues as possible. Discussions should cover the issues, disclosure, and procedural steps needed. This is aimed at streamlining the conference and promoting settlement. 

You must make an attempt to reach out to the other party to share financial information, talk about procedural matters (how you want things to proceed), and resolve your issues. This may be done in person, or digitally.

If you don’t try to reach out to the other party, you may have to pay for their legal costs, or the conference may be postponed. 

What orders can a judge make at a conference?

At a family court conference, a judge can make several types of orders:

Procedural Orders: To manage the case, such as timelines for steps in the process i.e. plan timing of certain events (court appearance, exchanging certain court documents, etc)

Substantive Orders: ONLY if both parties agree to them

Temporary Orders: For matters like support or custody, if agreed upon by both parties.

Orders for Permission to question

Order for the provision, service or filing of reports by experts

Orders for Disclosure: Requiring parties to exchange financial information or other necessary documents (including but not limited to: financial income, medical disclosure, efforts in job searching, a party’s assets or liabilities, police incident reports) Opinions on Likely Trial 

Outcomes: Providing insights to encourage settlement.

Cost Order: An order pertaining to the costs of the conference (if applicable)

Preservation Order: Facilitation of the preservation of rights of both parties until further Agreement or Court Order (this order is thus temporary and only given with the provided notice)

These orders aim to streamline the legal process, facilitate the exchange of information, and encourage resolution without trial.

Discuss the confidentiality of conferences. Can you reference statements from conferences in motions?

Conferences in family law are generally confidential, designed to encourage open and honest discussion towards settlement. Statements made during these conferences cannot be referenced in later motions or at trial, promoting a candid exchange of views without the fear that concessions or offers will be used against a party later in the process. This confidentiality is crucial for facilitating negotiations and settlement efforts.

After the conference, what happens to the conference briefs? Explain how it is left in file but not continuing record.

After a conference, the conference briefs are kept in the court file but are not part of the continuing record. This means they are available for reference during the case but are not considered in subsequent motions or trials unless specifically brought into the continuing record by a party. This approach respects the confidentiality of the discussions and proposals made during conferences.

How is the role of the judge different at case conference vs settlement conference?

The case conference is where you and the other party present your issues and concerns, and the judge may make procedural orders like ordering you and the other party to submit certain documents for more information. However, in a settlement conference, the judge actively works to get you and the other party to agree on a resolution, and may give their opinion on your issues. They can also make a more significant order under the condition that both parties agree to the order being made, aiming to avoid trial.

Can the judge make a consent order at a conference? How to get an order signed at a conference?

The judge can typically make a consent order at any time based on what issue you and the other party agree on if you both agree on something. A consent order is one step in setting a motion and can be signed in a conference by a judge after you or the other party.