Settlement conferences

(5) The purposes of a settlement conference include,

(a)  exploring the chances of settling the case;

(b)  settling or narrowing the issues in dispute;

(c)  ensuring disclosure of the relevant evidence;

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

(d)  noting admissions that may simplify the case;

(e)  if possible, obtaining a view of how the court might decide the case;

(f)  considering any other matter that may help in a quick and just conclusion of the case;

(g)  if the case is not settled, identifying the witnesses and other evidence to be presented at trial, estimating the time needed for trial and scheduling the case for trial;

(h)  organizing a trial management conference, or holding one if appropriate; and

(i)  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.

Complete Form 17 (Conference Notice)  Form 17C  (Settlement Conference Brief) and Form 6B (Affidavit of Service) for the settlement conference and serve and file the forms.

In Form 17C, you will need to fill out information about:

• your family
• the issues you and the other party agree and do not agree on
• your financial information
• the issues that you want to discuss at the settlement conference
• offers to settle
• procedural issues

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

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

If you are required to serve and file a financial statement, you will 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. 

For the settlement conference, you must also complete an Offer to Settle.  This is mandatory.  Rule 18 of the Family Law Rules applies to Offers to Settle.  The Offer to Settle is a confidential document and does not go into the continuing record. 

You need to confirm with the court that you will be attending the settlement conference with a Form 17F: Confirmation of Conference.  It is very important that you read rule 17(14) 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 settlement conference.  Rule 17(13) states that you are required to serve and file a Settlement Conference Brief (Form 17C). 

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 settlement conference brief (Form 17C) six (6) days before your settlement conference.  If you are the Respondent, you must serve and file your settlement conference brief (17C) no later than four (4) days before the case conference.  

Other than Form 17C and the Offer to Settle, all other documents must be filed in the continuing record. 

Before you file your documents, you must remove all financial account numbers and personal identifying information.  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.