Difference between revisions of "Case Conferences in a Family Law Matter"

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==Judicial case conferences==
==Judicial case conferences==


Judicial case conferences, usually referred to as JCCs, are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom. JCCs must be held in all contested family law court proceedings, and, in most cases, they must be held before any interim applications can be heard.
Judicial case conferences in the Supreme Court, usually referred to as JCCs, are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom. JCCs must be held in all contested family law court proceedings, and, in most cases, they must be held before any interim applications can be heard.


Financial statements must be exchanged by the parties before each JCC. They must also be filed in court in <span class="noglossary">advance</span> of the JCC to give the judge the chance to read through them first.
Financial statements must be exchanged by the parties before each JCC. They must also be filed in court in <span class="noglossary">advance</span> of the JCC to give the judge the chance to read through them first.


===Avoiding a JCC===
===Avoiding a judicial case conference===


[http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/part-2/bc-reg-169-2009-part-2.html Rule 7-1(2)] says that:
[http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/part-2/bc-reg-169-2009-part-2.html Rule 7-1(2)] of the Supreme Court Family Rules says that:


<blockquote><tt>Subject to subrules (3) and (4), unless a judicial case conference has been conducted in a family law case, a party to the family law case must not serve on another party a notice of application or an affidavit in support.</tt></blockquote>
<blockquote><tt>Subject to subrules (3) and (4), unless a judicial case conference has been conducted in a family law case, a party to the family law case must not serve on another party a notice of application or an affidavit in support.</tt></blockquote>
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#when the application is being made without notice being given to the other side (sometimes called an ''ex parte application'' or a ''without notice application'').
#when the application is being made without notice being given to the other side (sometimes called an ''ex parte application'' or a ''without notice application'').


Subrule (4) sets out some further exceptions to the general rule about JCCs and interim applications. However, if you need to get an exception under this subrule, you'll have to make an application to the court for an order granting the exception:
Subrule (4) sets out some further exceptions to the general rule about JCCs and interim applications. However, if you need to ask for an exception under this subrule, you'll have to make an application to the court for an order granting the exception:


<blockquote><tt>On application by a party, the court may relieve a party from the requirements of subrule (2) if</tt></blockquote>
<blockquote><tt>On application by a party, the court may relieve a party from the requirements of subrule (2) if</tt></blockquote>
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Applications to be exempt from the JCC requirement are made by filing a special form of Requisition without an appearance in court.
Applications to be exempt from the JCC requirement are made by filing a special form of Requisition without an appearance in court.


===Scheduling a JCC===
===Scheduling a judicial case conference===


To set a date for a JCC, first <span class="noglossary">contact</span> the court registry and get their available dates. (JCCs are given a lot of priority by the registry staff, and you should be able to book a hearing date within a month or two.) In most cases, you will want to give these dates to the other side and select a date that you are both available for. It's no more than common courtesy to select a date that's convenient for everyone.
To set a date for a JCC, first <span class="noglossary">contact</span> the court registry and get their available dates. (JCCs are given a lot of priority by the registry staff, and you should be able to book a hearing date within a month or two.) In most cases, you will want to give these dates to the other side and select a date that you are both available for. It's just common courtesy to select a date that's convenient for everyone, plus you will want the other side to be able to attend the conference.


Once you have an agreeable date, call the registry back and tell them which date you've picked. They will then ask you to fill out and file a Notice of Judicial Case Conference in form F19 setting that date. You must then serve a copy of your filed Notice of Judicial Case Conference on the other side, along with a copy of your financial statement, by ordinary service.
Once you have an agreeable date, call the registry back and tell them which date you've picked. They will then ask you to fill out and file a Notice of Judicial Case Conference in Form F19 setting that date. You must then serve a copy of your filed Notice of Judicial Case Conference on the other side, along with a copy of your financial statement, by ordinary service.


For a summary of how to schedule a JCC, see [[How Do I Schedule a Judicial Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues''.
For a summary of how to schedule a JCC, see [[How Do I Schedule a Judicial Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues''.


===The purpose of JCCs===
===The purposes of judicial case conferences===


The basic purposes of a JCC are to review the claims each side is making, determine where there is agreement, and see whether there is anything other than a trial that will resolve the claims in dispute. JCCs are relatively informal affairs, and most of the time everyone sits at a large table with the judge or master who is hearing the JCC. JCCs are private. Only the parties and their lawyers are allowed to be there. They are also held on an off-the-record basis, so that nothing said in the JCC can be used against anyone later on.
The basic purposes of a JCC are to review the claims each side is making, determine where there is agreement, and see whether there is anything other than a trial that will resolve the claims in dispute. JCCs are relatively informal affairs, and most of the time everyone sits at a large table with the judge or master who is hearing the JCC. JCCs are private. Only the parties and their lawyers are allowed to be there. They are also held on an off-the-record basis, so that nothing said in the JCC can be used against anyone later on.


JCCs are very useful in almost all cases. Some cases will even settle at a JCC, with no need for further litigation.
Different judges and masters will handle JCCs in different ways. Some judges and masters are very hands-on; others take a more distant, judicial approach. Some are very keen to try to settle a dispute, and will work almost like a mediator; others are content to leave areas of disagreement alone and focus on getting a resolution in place on the areas of agreement instead. Some judges and masters will provide an informal opinion about the likely result in a particualr case; others won't. There are no guarantees that a JCC will be run in a particular way.


Different judges and masters will handle JCCs in different ways. Some judges and masters are very hands-on; others take a more distant, judicial approach. Some are very keen to try to settle a dispute, and will take on almost a mediative function; others are content to leave areas of disagreement alone and focus on known areas of agreement instead. Some judges and masters will provide an informal opinion about the likely result in the case; others won't. There are no guarantees that a JCC will be run in a particular way.
However, JCCs are very useful in almost all cases. Some cases will even settle at a JCC, with no need for further litigation. The court's powers at JCCs are set out at [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/part-2/bc-reg-169-2009-part-2.html Rule 7-1(15)] and are very broad. The court may:
 
The court's powers at JCCs are set out at [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/part-2/bc-reg-169-2009-part-2.html Rule 7-1(15)] and are very broad. The court may:


<blockquote><tt>(a) identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial;</tt></blockquote>
<blockquote><tt>(a) identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial;</tt></blockquote>
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