What Happens at a Case Conference in Ontario Family Law?

If you’re going through a separation or divorce, your first real appearance before a family court judge will often be a Case Conference. It’s not a trial:  There are no witnesses, and the judge isn’t there to make findings of fact.  

Instead, a Case Conference is meant to identify the issues, encourage settlement, confirm that information has been exchanged, and set out what needs to happen next. 

What Is the Basis for the Case Conference? 

Case Conferences are governed by Rule 17 of Ontario’s Family Law Rules. The judge will have read your Case Conference briefs beforehand, and will use the Conference to figure out what you and your Ex actually disagree about.  

Issues that seemed contentious at the outset can often be narrowed – or ideally resolved – simply through this discussion. The judge may also flag weaknesses in either position, and suggest how a contested issue might be approached down the road. 

Can the Judge Make Orders? 

Yes, though only within limits. A Case Conference is not meant to replace a contested motion or trial, but the judge can: 

• Set deadlines for financial disclosure, 

• Direct you to take specific steps, and 

• Establish a timetable for the next stage of your case. 

The judge can also formalize any agreement you and your Ex reach. 

What If Nothing Is Settled at the Case Conference? 

Even without a settlement, the time spent attending and preparing for the Case Conference is rarely wasted.  

It can narrow the issues, flag missing disclosure, and set the next steps. That might be another Case Conference, a Settlement Conference, or the specific steps that must be completed beforehand.  

Often, simply hearing the judge’s comments prompts both sides to reassess and keep negotiating afterward. 

How Should You Prepare? 

You’ll each file a Form 17A: Case Conference Brief, setting out: 

• The background information about your case,  

• The issues in dispute,  

• Your respective legal positions, and  

• Your proposed solutions.  

If support or property is contested, your financial disclosure needs to be current and organized. Ideally, you and your Ex will have already tried to work through disclosure and resolution before you get in front of the judge. 

Go in knowing what outcome you’re seeking. If your only goal is to “win,” you’ll miss the point of the exercise, which is to pin down: 

• What can realistically be resolved, 

• What’s genuinely still in dispute, 

• What disclosure is still outstanding, 

• What interim arrangements might work, and 

• What comes next if you can’t settle yet. 

What About Timing? 

The party requesting the conference must serve and file their brief at least six days beforehand; the other side has until four days before. Each of you must also file a Form 17F: Confirmation of Conference at least three days ahead, by 2 p.m. 

Are Case Conference Discussions Confidential? 

Generally, yes. You should be able to discuss settlement opportunities candidly, and without worrying it will be used against you later.  

The Case Conference brief itself doesn’t become part of the Continuing Record unless the court orders otherwise, and discussions and offers made at the conference stay confidential – giving you real room to test out solutions with a judge in the room. 

A Problem-Solving Meeting, Not a Verdict 

Treat the Case Conference as a chance to take stock: what’s resolved, what’s still contested, what’s missing, and what a reasonable compromise might look like. If you show up prepared – with your disclosure in order and realistic proposals in hand – you’ll get far more out of the process, and may even shorten the road ahead.