Before a Conference

Before any conference, you and the other party must discuss financial disclosure and a resolution of the issues with the other party either in writing or orally. Rule 17(3.1) of the Family Law Rules deals with this requirement.

(3.1) Before a conference, each party shall, subject to subrule (3.2), confer or make best efforts to confer orally or in writing with every other party respecting,

(a)  the parties’ requests for financial disclosure;

(b)  a temporary resolution of the issues that are in dispute; and

(c)  in the case of a settlement conference or trial management conference, a final resolution of the issues that are in dispute.

3.2) Subrule (3.1) does not apply with respect to a party if, 

(a)  the party is prohibited from such communication by court order; or 

(b)  there is a risk of domestic violence by a party who is not represented by a lawyer.  

(3.3) If a party fails to comply with subrule (3.1), the court may, for greater certainty, make any order under subrule 1 (8.1) that is appropriate in the circumstances, including, 

(a)  an order postponing the conference until the requirements of subrule (3.1) are met; and 

(b)  an order for costs, regardless of whether the conference is postponed. 

If you and the other party have a court order that you are not to communicate with each other or there is a risk of domestic violence and you do not have a lawyer, you do not need to speak to the other party about the disputed issues.  However, in all other cases, you must discuss these issues with the other party or your case conference may not go ahead and costs might be ordered.