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 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.