Understanding Case Conferences in Ontario Family Law

Navigating a family law matter can feel overwhelming, especially when it involves court appearances. This guide is designed to demystify the Case Conference, which is often the first formal step in a family law court case in Ontario. Our goal is to provide you with clear, practical information to help you understand the process, manage your expectations, and reduce the anxiety that can come with a first court appearance.

1. What is a Case Conference?

Understanding the fundamental purpose of a Case Conference is the first step toward using it effectively to move your family law case toward a resolution. It is not a trial where a final winner is declared, but a structured meeting designed to organize your case and explore settlement.

1.1 The Primary Goal: A Just and Efficient Process

The entire family court system in Ontario is guided by a "primary objective," as set out in Rule 2 of the  Family Law Rules . This objective is to deal with cases justly. A Case Conference is one of the most important tools the court uses to achieve this goal.Dealing with a case justly means ensuring the process is:

  • Fair  to both parties.

  • Efficient  in a way that saves both expense and time.

  • Proportional  to the importance and complexity of the issues in your specific case.The Case Conference is structured to promote this objective by bringing both parties and a judge together early in the process to focus on resolution and efficiency.

1.2 Key Objectives of the Conference

According to Rule 17(4) of the  Family Law Rules , a Case Conference has several specific purposes. These are the official goals that you, your lawyer, the other party, and the judge will work toward during the meeting:

  • Exploring Settlement:  To discuss the chances of settling some or all of the issues in the case.

  • Identifying Issues:  To clearly define which issues are in dispute and which are not.

  • Finding Solutions:  To explore ways to resolve the issues that are in dispute.

  • Ensuring Disclosure:  To make sure all relevant evidence and financial information has been shared between the parties.

  • Discussing Expert Evidence:  To identify any issues related to expert evidence or reports the parties intend to use at trial.

  • Simplifying the Case:  To note any admissions or agreements that can make the case simpler and less costly.

  • Scheduling Next Steps:  To set the date for the next event or appearance in the case.

  • Creating a Timetable:  To establish a specific schedule for steps that need to be taken before a trial, such as exchanging documents.

  • Organizing a Settlement Conference:  To arrange for a future conference focused entirely on settlement, or to hold one at that time if appropriate.

  • Managing Motions:  To give directions for any intended motion (a formal request for a court order), including setting a specific timetable for exchanging materials and deciding if summaries of argument are needed.

1.3 What a Case Conference is NOT

It is critical to understand that a  Case Conference is not a trial . It is an informal meeting with a judge. The judge will not hear sworn testimony from witnesses or make final decisions about who is right or wrong on the major issues of your case, such as who gets final custody or how property should be divided. Importantly, the Case Conference Briefs themselves are not sworn evidence. Managing this expectation is key to using the conference productively.The judge's specific role is key to how these objectives are met and what can be accomplished.

2. The Role of the Judge

Understanding the judge's role at a Case Conference is strategically important. The judge is not there to declare a winner but to act as a neutral facilitator. Their goal is to guide the process and help you and the other party move forward.

2.1 A Facilitator, Not a Final Decision-Maker

At a Case Conference, the judge’s primary function is to act as a facilitator. They guide the discussion, help identify the key issues that need to be resolved, and manage the process.The judge may offer their preliminary views on how certain issues might be resolved based on the information presented. These opinions can be very helpful in guiding settlement discussions, but they are not final, binding rulings. These discussions are considered confidential and cannot be used against you later at a motion or trial.

2.2 The Judge's Power to Make Orders

While judges do not typically make  final  orders at a Case Conference, they have the authority to make important  procedural  orders to keep the case moving fairly and efficiently. These orders are not about the final outcome but about the process of getting there. Based on Rule 17(8) of the  Family Law Rules , a judge can make orders for:

  • Documentary disclosure or questioning (a formal process of asking questions under oath).

  • Setting timelines for events in the case.

  • Giving directions for the next steps.

  • Making orders about filing requirements or evidence.

  • Requiring parties to attend information programs or mediation.

  • Referring an issue to alternative dispute resolution (like mediation or arbitration).These procedural orders are the primary tool the judge uses to enforce the key objectives of the conference, such as ensuring disclosure and setting a timetable to move the case forward. To make the most of the judge’s guidance and authority, effective preparation is essential.

3. Preparing for Your Case Conference

Proper preparation is the most crucial element for a productive and less stressful Case Conference. This involves more than just completing paperwork; it includes strategic discussions with the other side and, most importantly, managing your own expectations.

3.1 Pre-Conference Discussions

The  Family Law Rules  require that the parties or their lawyers make their best effort to confer with one another  before  the conference. The Case Conference should not be the first time the issues are discussed with the other side. These pre-conference discussions should cover topics such as exchanging financial disclosure and exploring the temporary resolution of disputed issues. This ensures that the time spent with the judge is as productive as possible.

3.2 Managing Your Expectations

It is important to temper your expectations for the first Case Conference. The judge may not provide outright evaluations on all the merits of your case, especially at this early stage. The primary goal is to organize the case and move it forward. Achieving a clear path for the next steps, including a timetable for disclosure, is a successful outcome in itself.

3.3 Your Role and Responsibilities

As the client, you play an active role in preparing for the conference. Here are key responsibilities to keep in mind:

  • Attend the Conference:  You should always be present at the conference. Your presence shows the court you are taking the matter seriously, and it allows you to hear the judge's comments directly and provide instructions to your lawyer.

  • Think About Your Goals:  Before the conference, consider your ideal outcomes for each issue (e.g., parenting time, support). However, it is also important to remain flexible and open to reasonable compromises.

  • Be Prepared to Discuss:  While your lawyer will do most of the talking, the judge may ask you questions directly. You should be prepared to discuss the issues and answer truthfully.

  • Communicate Openly:  Be completely open and honest with your lawyer about all aspects of your case, including any weaknesses. This is the only way your lawyer can provide you with the best advice and representation.

  • Dress Appropriately:  You should wear business or business-casual attire, as you would for any professional meeting.The most important piece of written preparation you and your lawyer will complete is the Case Conference Brief.

4. Preparing Your Case Conference Brief (Form 17A)

The Case Conference Brief is the single most important document you will file for the conference. It is your primary tool for educating the judge on the history of your family, the issues that need to be resolved, and your proposed solutions. A well-prepared brief allows the judge to understand your case before you even walk into the room.

4.1 Key Sections of the Brief

The Case Conference Brief (Form 17A) is a standardized court form with several key sections:

  • Part 1: Family Facts:  This section provides the judge with basic background information about you, the other party, and your children, including dates of cohabitation, marriage, and separation.

  • Part 2: The Issues:  Here, you will identify which issues have already been settled and, more importantly, which issues remain in dispute.

  • Part 3: Background and Your Proposal:  This is where you provide a concise summary of the situation from your perspective and present a clear, reasonable proposal for resolving the outstanding issues.

4.2 Best Practices for Your Brief

Creating an effective brief involves more than just filling out the form. Here are some essential best practices:

  • File on Time:  Strict deadlines apply. The person who requested the conference must serve and file their brief at least  6 days  before the conference date. The other party must serve and file their brief at least  4 days  before the date. If the conference was scheduled by the court itself, the applicant still files 6 days before and the respondent 4 days before.

  • Be Child-Focused:  If children are involved, the brief should provide information about them, including their interests, how they are functioning, and any special needs. Your proposal should focus on a parenting plan that is in their best interests.

  • Attach Important Documents:  The Judge may not have access to the entire continuing record, so any documents referred to in your Case Conference brief should be attached and tabbed. This could include a child's report card, a recent pay stub, or a financial statement.

  • Follow Court Rules:  Different court locations have specific rules (called Practice Directions) regarding page limits, font size, and spacing. It is crucial to follow these rules. Judges have expressed extreme frustration with materials that violate these limits, and failure to comply can result in the judge refusing to read your brief or even impact cost awards.

5. Frequently Asked Questions (FAQ)

The court process can be confusing, and it is natural to have questions. This section provides clear, concise answers to some of the most common questions about Case Conferences.

Q: What is a Confirmation of Conference (Form 17F)? 

A: This is a short form that each party must file with the court  by 2:00 p.m., at least 3 days before the conference . Its purpose is to confirm that you will be attending and to list the specific issues you want to discuss. This helps the judge focus the conference on the most important topics.

Q: Will the judge make a final decision in my case? 

A: Generally, no. It is not appropriate for a judge to make final orders at a Case Conference. The conference is designed to resolve procedural matters, ensure all information has been shared, and explore settlement opportunities, not to act as a final trial.

Q: What happens if the other party is unprepared or doesn't provide their financial information? 

A: While costs are rarely awarded at a Case Conference, Rule 17(18) of the  Family Law Rules  gives a judge the authority to order a party to pay the costs of the conference immediately if that party was unprepared, failed to serve required documents, or failed to make required financial disclosure. This rule exists to ensure parties take the process seriously.

Q: Is what we discuss at the conference confidential? 

A: While there is no specific rule making them confidential, the courts operate on the principle that settlement discussions at a conference, including any opinions or suggestions from the judge, are treated as confidential. They cannot be mentioned or used against either party later at a formal motion or trial.

Q: What happens after the Case Conference? 

A: The judge will typically make an order that sets out a timetable for next steps, such as deadlines for exchanging financial documents or reports. The goal is to keep the case moving forward in a structured way. The next step may be mediation, a Settlement Conference, a motion to resolve a specific issue, or, if no settlement can be reached, preparing for trial.

The Case Conference is more than a procedural step; it is your first opportunity to formally present your case and demonstrate your commitment to a fair and efficient resolution. While the process can seem intimidating, thorough preparation transforms it from a source of anxiety into a powerful tool. By working closely with your lawyer to prepare effectively, you can take control of the process, make a positive impression on the court, and set your case on the best possible path toward a successful outcome.