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

A case conference is a meeting between the parties, their lawyers if they have them, and a judge, usually for a purpose relating to the administration or the resolution of a court proceeding. Trial Management Conferences in the Supreme Court and Trial Preparation Conferences in the Provincial Court are all about getting a proceeding ready for trial, and are held towards the end of a proceeding. Judicial Case Conferences in the Supreme Court and Family Case Conferences in the Provincial Court are held early in a proceeding and are about settling those issues than can be agreed on, getting interim arrangements in place for support and the care of the children, and planning the next few steps in the proceeding.  

 

==Resolving a Court Proceeding without a Trial==

The rules of court have evolved to provide additional opportunities for settlement and steer people away from trial. In the Supreme Court, we have Judicial Case Conferences under Rule 7-1 and Settlement Conferences under Rule 7-2. In the Provincial Court, we have Family Case Conferences under Rule 7.  

Rule 7-1(2) says that:

#when an application is being made for an order restraining either or both parties from disposing of property;

#when an order will be made with the agreement of both parties; and,

===The Purpose of JCCs===

The basic purposes of a JCC are to review the claims eash side is making, determine where there is agreement, and see whether there is anything other than a trial which 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 court's powers at JCCs are set out at Rule 7-1(15) and are very broad. The court may:

===Potential Outcomes===

#scheduling an application for hearing;

#setting dates for the exchange of documents and lists of documents;

#setting dates for Examinations for Discovery;

#scheduling a Settlement Conference;

#resolving issues about experts and custody and access reports;

#setting the dates for the Trial Management Conference and the trial; and,

#scheduling the dates for any further JCCs.

There are two big differences between Judicial Case Conferences in the Supreme Court and Family Case Conferences in the Provincial Court. First, FCCs aren't mandatory and you only get to have an FCC if a judge orders that you have one. Second, the judge at an FCC has the discretion to make orders without the consent of a party. Otherwise FCCs are pretty much just like JCCs.

Under Rule 7(1), a judge may order the parties to attend an FCC where the case involves contested claims for guardianship, parental responsibilities, parenting time or contact. Applications for an FCC can be made at a first appearance or at any subsequent appearance, or by Notice of Motion like any other interim application.

#it's obvious that you've asked for the FCC to obstruct the hearing of trial or an interim application;

#there's already been an FCC heard in your case and there's nothing to suggest that a new FCC will have a better chance of success; or,

#there is an urgent reason for the case to head to trial without further delay.

FCCs are booked by the judicial case manager, and if you get an order for an FCC, the judge will adjourn your case to the JCM to get a date set up. Like JCCs, it is good idea to pick a date on which everyone is available to attend.

The JCM will fix the date for the FCC on the spot and give you a slip with the date and time on it.

The purpose of an FCC is to reach a settlement of any disputed parenting issues. Although Rule 7 limits the circumstances in which an FCC can be ordered to parenting issues, it doesn't say that no other issues can be discussed at an FCC, and the judge may be prepared to deal with support issues as well.

#scheduling a series of FCCs;

#speaking directly to the children;

#ordering or recommending views of the child reports; and,

#asking important third parties, like a new spouse or a half-sibling, to attend a future FCC.

At the FCC, each side will have the opportunity to tell their story and explain why they want what they're asking for. Most of the time, the lawyers for each party will state their understanding of the facts and why their clients should have what they're looking for, and the clients will be asked if they have anything to add. Frankly, FCCs usually work best when the parties are able their own views and concerns freely.

===Potential Outcomes===

Rule 7(4) sets out the things a judge can do at a FCC:

 

 

==Page Resources and Links==

*Supreme Court Act

*SC rules of court

*Provincial Court Act

*PC rules of court