A Case Conference in Ontario Family Law: What to Expect

If you and your ex are involved in a Family Law proceeding in Ontario, you will come across something called a Case Conference. In fact, in almost all cases, it’s mandatory that you attend at least one, and it usually happens very early in your “journey” through the Family court system.

Let’s break down what a Case Conference Ontario is, what goes on at one, and how to make the most of yours.

What is a Case Conference, Exactly?

While the idea of a “conference” might conjure images of boardrooms, muffins and coffee, the process in Family Law is actually somewhat formal – though not as structured (and perhaps intimidating) as going to court.

The emphasis is on the “confer” part – meaning it’s a chance for you, your ex, and a judge to come together and discuss the issues in your case.  It’s essentially just a meeting (usually in a courtroom or over Zoom), but with the goals of:

• exploring the chances of settling your case
• identifying the issues that are in dispute, and those that are not in dispute
• exploring ways to resolve the issues that are in dispute
• ensuring disclosure of the relevant evidence (including the disclosure of the financial information that is required to resolve any support or property issue)
• identifying any issues relating to any expert evidence or reports on which you and your ex intend to rely at trial
• noting admissions that may simplify your case
• setting the date for the next step in your case
• setting a specific timetable for the steps to be taken in your case before it comes to trial
• organizing a settlement conference, or holding one if appropriate
• getting directions from the judge with respect to any motion you or your ex intends to bring.

At a Case Conference the judge may also make procedural orders, things like asking one of you to provide missing documents, or scheduling a parenting assessment.  Then he or she will set a date for the next steps in your matter.

Types of Conferences: What’s the Difference?

Note that in Family Law matters there are generally three types of Conferences:

• Case Conference (which as discussed helps you understand each other’s positions, narrow the issues, and resolve any matters, etc.)
• Settlement Conference
• Trial Management Conference

The first one occurs early in the proceedings, the second and third ones, which will talk about in a separate blog, take place a bit later on.

How Does the Case Conference Get Scheduled?

In a Case Conference family law Ontario, your matter can be scheduled in one of several ways. It can be prompted by you or your ex, or by a judge or court clerk on a routine basis. The judge may even decide to combine several different types of conferences into one meeting.

Either way, you must attend every Conference that is scheduled in your case. If you have a lawyer, he or she must attend the Conference with you.

Procedural Rules

The procedures around Case Conferences are covered by Rule 17 of Family Law Rules.  It covers the following points:

• With very narrow exceptions, a judge must schedule at least one Case Conference in your case
• If you or your ex are the one asking for a Case Conference (rather than a judge or court clerk initiating it), then you must serve and file a Case Conference Notice (Form 17 under the Family Law Rules)
• That before the Conference, you and your ex must confer in advance (orally or in writing) to try to deal with matters like your requests for financial disclosure from each other, and trying to temporarily resolve pressing issues
• That, within specified time limits, you and your ex must serve and file a Case Conference Ontario brief.

How to Prepare – and How to Conduct Yourself

So how do you show up ready for your Case Conference? Here are some tips:

• Know your stuff: Be familiar with your own court documents — especially your Form 35.1 (Parenting Affidavit) or Form 13 (Financial Statement), if you’ve filed them.
• Stick to the issues: This is not the place to rehash every fight from the past decade of your relationship. Focus on what matters now and in the near future: Things like parenting time, support, property, etc.
• Be realistic: Judges can usually spot unreasonable demands from a mile away. Try to think in terms of compromise, not “winning.”
• Dress respectfully and be polite: Whether it’s in person or on Zoom, your attitude matters. Don’t interrupt. Don’t roll your eyes. Don’t argue with the judge.
• Listen to the judge’s feedback: Even though it’s not a final decision, their comments give you insight into how a judge might rule later — and that can be helpful in deciding whether to settle.
• Talk to your lawyer (if you have one): They can help you prepare for the conference, understand the judge’s comments, and make a game plan.

Final Thoughts

This article sought to tackle the questions: what is a Case Conference Ontario, and why is a Case Conference necessary. Family court can feel overwhelming, but our explanation should demonstrate that Case Conferences are designed to make things more manageable. They aim to move the case forward in a productive way, and ideally to avoid a costly, stressful trial. Even if you don’t agree on everything, these conferences can help clear the fog and focus on what really matters.

Need more clarity and expert guidance on Case Conferences and how to navigate them? Reach out to us today.