Case conferences

(4) The purposes of a case conference include,

(a)  exploring the chances of settling the case;

(b)  identifying the issues that are in dispute and those that are not in dispute;

(c)  exploring ways to resolve the issues that are in dispute;

(d)  ensuring disclosure of the relevant evidence, including the disclosure of financial information required to resolve any support or property issue;

(d.1) identifying any issues relating to any expert evidence or reports on which the parties intend to rely at trial;

(e)  noting admissions that may simplify the case;

(f)  setting the date for the next step in the case;

(g)  setting a specific timetable for the steps to be taken in the case before it comes to trial;

(h)  organizing a settlement conference, or holding one if appropriate;

(i)  giving directions with respect to any intended motion, including the preparation of a specific timetable for the exchange of material for the motion and ordering the filing of summaries of argument, if appropriate; and

(j)  in the case of a motion to change a final order or agreement under rule 15, determining the most appropriate process for reaching a quick and just conclusion of the motion.

At the case conference, the judge will usually set a date for the next case conference, or the judge may schedule a Settlement Conference.

You will need to fill out additional forms for the case conference.  Complete Form 17 (Conference Notice) and Form 17A, Case Conference Brief.  In Form 17A, you will need to fill out information about:

• your family
• your financial situation
• the issues you and the other party agree and do not agree on
• the issues you want to discuss at the conference
• how you think the issues should be resolved

Community Legal Education Ontario (CLEO) provides a “guided pathway” to help you complete your Form 17A: Guided Pathway for your case conference: Form 17A - Steps to Justice.

Form 17A does not go into your Continuing Record unless the judge orders that you put it into the continuing record.

Along with Form 17A, you may need to update your Financial Statement if it is more than 60 days since you completed the original Financial Statement that you filed with the court.  You must fill out, serve, and file one of the following:

• A new Form 13: Financial Statement if there has been a major change to your financial situation.
• A Form 14A: Affidavit, if there is no change or only minor changes to the last financial statement you filed. You must include details on all the changes.

If you are the Applicant or you requested a conference, you must serve and file your new Financial Statement or Affidavit no later than six days before the case conference.  If you are the Respondent, you must serve and file these documents four days before the case conference.

You also must fill out Form 13A: Certificate of Financial Disclosure. In it, you list all the documents that prove what you said in your financial statement.

You need to confirm with the court that you will be attending the case conference with a Form 17F: Confirmation of Conference.  It is very important that you read rule 17(14) of the Family Law Rules for more information about confirming your attendance at the conference.  You must also fill in Form 17F and deliver it to the court office no later than 2:00 p.m. three days before the conference.  If you do not confirm that you will be attending the conference, it could be cancelled by the court.

You should make three (3) copies of each of your documents – one for yourself, one for the other party and the original for the court.

Rule 17(13) (Parties to Serve Documents for Conference) of the Family Law Rules deals with the service and filing of your documents for the case conference.  Rule 17(13) states that you must serve and file your case conference brief (Form 17A).

Rule 17(13.1) (Time for Service of Briefs) of the Family Law Rules deals with the time requirements for serving and filing the documents for the case conference.  If you are the Applicant and are requesting the conference, you must serve and file your case conference brief (Form 17A) six (6) days before your case conference.  If you are the Respondent, you must serve and file your case conference brief (17A) no later than four (4) days before the case conference.

If you are required to serve and file a Financial Statement, before you file your documents, you must remove all financial account numbers and personal identifying information from your Financial Statement.  You do this by blacking out information like:

• Social insurance numbers
• Bank account numbers
• Credit card numbers
• Account numbers for mortgages, lines of credit and other loans.

You must keep the original documents that show this information because a judge may want to see it.

Except for Form 17A, all other documents must be filed in the Continuing Record.