CONFERENCE MODEL
Within Ontario Family Law, a conference model is followed. The most common conference is known as the Case Conference.
Case Conference
A Case Conference is a meeting between the judge, both parties and their respective lawyers (if applicable). The purpose of these conferences is to find solutions to outstanding family law issues, discuss resolution methods that would be done without leading to trial, and discovering any hidden information that must be shared between parties. The goal is to have both parties agree upon issues within the case without going to a motion or trial.
When scheduling a Case Conference date, it will usually be provided at the first court date. Prior to a Case Conference, the Form 17A: Case Conference Brief must be completed. Additionally, an updated (within the past 60 days) financial statement may be required. These statements may include Form 13: Financial Statement (Support Claims), Form 13.1: Financial Statement (Property and Support Claim), and/or Form 14A: Affidavit. Upon serving one of these forms, a copy of the Form 6B: Affidavit of Service must be completed to provide evidence that the other party has indeed been served.
Before a Case Conference, the opposing party typically is obligated to serve their Form 17A and updated financials as well. Without the necessary requirements completed before attending a Case Conference, the conference will be postponed and potential fees to cover the opposing party’s legal costs may apply. During the conference, if something is agreed upon, a Minutes of Settlement will be written and later turned into a Consent Order after verification by the judge.
Lastly, in some scenarios, a Case Conference may be seen in front of a Dispute Resolution Officer (DRO). They are not judges, but rather highly experienced family law lawyers that are trained to help resolve disputes and legal issues. This may be offered in certain Family Court Branches and the Superior Court of Justice.
If both parties are very far from moving forward and continue to face issues to come to an agreement, a Settlement Conference or Trial Management Conference may follow.
Settlement Conference
Similar to a Case Conference, a Settlement Conference is a meeting between the judge, both parties and their respective lawyers (if applicable). The objective of a Settlement Conference is to find solutions that do not result in trial, settle any disagreements if possible, and to reflect on any matters that may resolve the dispute. In certain cases, it will also be used to obtain the judge’s view on potential decisions by the court.
Trial Management Conference
At this point, an agreement has yet to be made and the case will move forward to trial. The goal of a Trial Management Conference is to decide how the trial will proceed, setting a trial date (if applicable), confirming the length of time trial will take, and to review any trial processes and evidence if necessary. This stage is also the last opportunity to discuss ways to resolve the issue without going to trial. Generally before a Trial Management Conference, the Form 17E: Trial Management Conference Brief must be completed and served, alongside updated financials.
YOUR DAY AT COURT
Whether you’re going for a Case Conference or Trial Management Conference, your day at court begins with getting past security. Once in the building, refer to the location on your court docket to find your courtroom or conference room. Make sure you arrive at the courthouse early to provide time to park and locate your meeting area with plenty of time left to ensure you will not be late.
Most courthouses display a board listing the courtrooms and their corresponding cases being heard that day. While conferences on average take one hour, discussion may occur outside the courtroom. It is expected that your court conference may take up to half of a day.
To access the Ontario Court Family Law forms mentioned throughout this article, please visit https://ontariocourtforms.on.ca/en/family-law-rules-forms/
Work Cited
“Types of court conferences.” Steps to Justice, https://stepstojustice.ca/legal- topic/tribunals-and-courts/family-court/types-court-conferences/all/.
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