First Appearance
What is a first appearance?
When you file your application, the clerk will schedule the first appearance and note it on the application. It is purely an administrative meeting. No decisions are made at this stage.
It is the initial court date where parties attend to do the following:
- confirm case has been properly started and served
- make sure all necessary documents (e.g. financial disclosure) have been filed. They may give deadlines.
- identify next steps (i.e. scheduling a case conference)
Which cases have a first appearance?
All cases at OCJ and some cases at SCJ (those that do not involve divorce or filed under Divorce Act, property division (equalization) or arbitration award) have a first appearance as a required step. Only some Motions to Change at OCJ have a first appearance.
Who do you meet at your first appearance?
No judge is present. It is usually handled by a clerk or court staff. You and the other party and the lawyers meet the court clerk who checks all your documents to make sure all relevant documents have been filed with the court and served on the other party.
When is the case conference booked?
The case conference is booked after the first appearance if there is one. Once the court clerk checks all your documentation and everything is in order, then the date for your first case conference is booked by the court clerk. If you do not have a first court date, you need to ask the court clerk to schedule a case conference so your case can move forward. The case conference for a MTC can be with a judge or a DRO.
What document does the clerk give you for the case conference?
Once you receive a date for your case conference, the court clerk signs the Form 17: Conference Notice.
What do you do with the Form 17?
This is a form that you serve your partner with Form 17 must be filed with a Form 6B: affidavit of service with the courthouse. This form needs to be filled and completed by the person who has served your documents. It indicated how they served the documents and where the documents were served. This is also evidence and proof that the receiver had received your documents; this is proof to the court.