What is a Case Conference in Family Court

Case Conferences – Part of a Family Court Series

This blog will help answer some questions asked by clients when they meet with one of our family law lawyers after they have scheduled a Case Conference or received Case Conference materials from their former spouse.  The questions answered in this blog include:

1. What is a Case Conference?
2. What happens at a Case Conference?
3. How do you schedule a Case Conference?
4. What forms do you need to prepare for a Case Conference?
5. What is the due date for your Case Conference materials?
6. What is a Confirmation of Conference, and when is it due?
7. What do you write in a Case Conference Brief?

What is a Case Conference in Family Court? / What Happens at a Family Court Case Conference?

A Case Conference is usually your first appearance before a judge in a family matter.  That is, it is usually the first “step” in the litigation process following pleadings (i.e. Application, Answer and, in some cases, a Reply). 

What is the Purpose of a Case Conference in the Ontario Family Court

The focus of a Case Conference is often to address the “procedural” issues involved in a family law matter and discuss the issues in dispute to determine if they can be resolved at this early stage.  With respect to the procedural issues, parties discuss disclosure, questioning, timetable motions and often the scheduling of a Settlement Conference. 

The purposes of a Case Conference are identified in Rule 17(4) of the Family Law Rules and include:

1. Exploring the chances of settling the case;
2. Identifying the issues that are in dispute and those that are not in dispute;
3. Exploring ways to resolve the issues that are in dispute;
4. Ensuring disclosure of the relevant evidence, including the disclosure of financial information required to resolve any support or property issues;
   1. Identifying any issues relating to any expert evidence or reports on which the parties intend to rely at trial;
5. Noting admissions that may simplify the case;
6. Setting the date for the next step in the case;
7. Setting a specific timetable for the steps to be taken in the case before it comes to trial;
8. Organizing a settlement conference, or holding one if appropriate; and
9. Giving directions with respect to any intended motion, including the preparation of a specific timetable for the exchange of material for the motion and ordering the filing of summaries of argument, if appropriate.
10. In the case of a motion to change a final order or agreement under rule 15, determining the most appropriate process for reaching a quick and just conclusion of the motion.

How To Set a Case Conference Date in Family Court

In some jurisdictions, a Case Conference is scheduled through attendance at a First Appearance.  This is often the case for matters proceeding at the Ontario Court of Justice.

In the Superior Court (or Unified Family Court), Case Conferences are usually scheduled by obtaining available dates from the court, confirming that the other party (and, if represented, the other lawyer) is available, and then securing the date with the Court. 

Once a date is secured, the party who secured the Conference date is required to serve and file a Conference Notice (Form 17).

What Forms Must Be Prepared For a Case Conference?

The materials required for a Case Conference depend on the issues in the family law matter.  Most often, parties are required to complete the following forms:

1. Case Conference Brief (Form 17A);
2. Financial Statement (Form 13 for matters involving only support issues and Form 13.1 for matters involving both property and support issues); and
3. Certificate of Financial Disclosure (Form 13A).

It is essential that you are aware of the Regional Practice Direction, as some courts require additional materials to be served in preparation for a Conference.  For example, some jurisdictions require parties to serve a Request for Information (Form 20) in advance of the filing deadlines for the Conference materials.

In addition to the above, it is beneficial to prepare a draft Order (Form 25) that sets out the procedural relief a party is seeking at the Conference.

Finally, after the service of Conference materials, counsel are required to discuss the issues to narrow the focus of the Conference.  Often, counsel will be able to agree on certain procedural orders (such as an Order for specific disclosure).  Following such discussion and by no later than 2:00 p.m., three business days before the Conference, parties are required to serve and send to the Court a Confirmation of Conference (Form 17F).

What is the Due Date for a Case Conference Brief?

The service and filing deadlines for Case Conference materials vary depending on whether you are the party that secured the date or the opposing party.  If neither party “requested” the appearance (i.e. it was scheduled at a First Appearance), the Applicant will be treated as the party who secured the date.  The deadlines for materials are as follows:

1. The party who secured the date must serve and file their materials no later than six (6) business days prior to the Conference in accordance with the Family Law Rules;
2. The other party must serve and file their materials no later than four (4) business days prior to the Conference pursuant to the Family Law Rules; and
3. The Confirmation of Conference must be served and then sent to the trial coordinator by no later than 2:00 p.m. three (3) business days prior to the Conference.

Please note that the deadlines above refer to when the service must be effected.  For example, if serving materials by email, a party must serve the materials prior to 4:00 p.m. for service to count for that specific day.

What is a Case Conference Confirmation and When is it Due?

A Confirmation of Conference (Form 17F) provides the Court with insight into the upcoming Conference.  It details:

1. Whether the parties (if self-represented) or their lawyers have discussed the disclosure issues, potential settlement, material for the Conference and time estimates for submissions;
2. Whether the matter is going ahead, is being adjourned on consent, or going ahead for a contested adjournment;
3. The “most important” issues to be resolved at this step in the case, according to each party; and
4. Time estimates for each party (kindly note that most jurisdictions require a Conference to be less than one hour).

As noted above, the Confirmation of Conference must be served and then sent to the trial coordinator by no later than 2:00 p.m. three (3) business days prior to the Conference.

What Do You Write in a Case Conference Brief in Family Court?

When preparing a Case Conference Brief, it is important to understand that this is not the place to set out “all of your evidence”.  It is intended to be a “brief” overview of a party’s position, the issues in dispute, and, most importantly, what procedural orders are necessary to ensure that your case is ready to proceed to a Settlement Conference.

The Case Conference Brief (Form 17A) seeks specific information.  Most often, the focus of the Brief will be to answer the question “What are the issues for this Case Conference?  What are the important facts for this Case Conference?” 

It is essential that parties do not view this court appearance simply as a “checkpoint”.  It is vital that they have assistance from a lawyer to navigate the issues being decided by the Court so that they can understand the evidence and disclosure they will need to substantiate their position.

FREQUENTLY ASKED QUESTIONS

What Orders Can Be Made by a Court at a Case Conference?

A Court can only make Orders on substantive issues (i.e. parenting, support, property, etc.) if the parties consent.  Rule 17(8) of the Family Law Rules sets out what Orders a Judge has the authority to make at a Conference.  Rule 17(8) provides:

17(8) At a case conference, settlement conference or trial management conference, the judge may, if it is appropriate to do so,

1. (a) make an order for document disclosure (rule 19), questioning (rule 20) or filing of summaries of argument on a motion, set the times for events in the case or give directions for the next step or steps in the case;
2. (a.0.1) make an order about expert opinion evidence, including,
   1. (i) the engagement of an expert by or for one or more parties,
   2. (ii) the use of expert opinion evidence in a case, or
   3. (iii) the provision, service or filing of experts’ reports or written opinions;
3. (a.1) make an order requiring the parties to file a trial management endorsement or trial scheduling endorsement in a form determined by the court;
4. (b) make an order requiring one or more parties to attend,
   1. (i) a mandatory information program,
   2. (ii) a case conference or settlement conference conducted by a person named under subrule (9),
   3. (iii) an intake meeting with a court-affiliated mediation service, or
   4. (iv) a program offered through any other available community service or resource;
5. (b.1) if notice has been served, make a final order or any temporary order, including any of the following temporary orders to facilitate the preservation of the rights of the parties until a further agreement or order is made:
   1. (i) an order relating to the designation of beneficiaries under a policy of life insurance, registered retirement savings plan, trust, pension, annuity or a similar financial instrument,
   2. (ii) an order preserving assets generally or particularly,
   3. (iii) an order prohibiting the concealment or destruction of documents or property,
   4. (iv) an order requiring an accounting of funds under the control of one of the parties,
   5. (v) an order preserving the health and medical insurance coverage for one of the parties and the children of the relationship, and
   6. (vi) an order continuing the payment of periodic amounts required to preserve an asset or a benefit to one of the parties and the children;
6. (c) make an unopposed order or an order on consent; and
7. (d) on consent, refer any issue for alternative dispute resolution.

Getting Legal Support for Your Case Conference

If a Conference has been scheduled in your family law matter, contact Morrison Williams to schedule a consultation with one of our lawyers to:

1. understand the issues that you or your former spouse/partner are asking the Court to decide;
2. be aware of the documents that you must serve and file for a Case Conference;
3. understand what happens at a Case Conference; and
4. understand the steps after the completion of a Case Conference.