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

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*Preparing for and Going to Trial in Provincial Court: [[Preparing for and Going to Trial in Provincial Court#Attend a trial preparation conference (TPC)|Attend a trial preparation conference]].
*Preparing for and Going to Trial in Provincial Court: [[Preparing for and Going to Trial in Provincial Court#Attend a trial preparation conference (TPC)|Attend a trial preparation conference]].


==Supreme Court: Judicial case conferences==
==Supreme Court: judicial case conferences==


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. (Exceptions to this rule are found at Rule 7-1(3) of the of the Supreme Court Family Rules.)
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. (Exceptions to this rule are found at Rule 7-1(3) of the of the Supreme Court Family Rules.)


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. More information about Financial Statements is provided later in this chapter in the section [[Discovery Process in a Family Matter]].  
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. More information about Financial Statements is provided later in this chapter in the section [[Discovery Process in a Family Matter]].  
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Lists of Documents are also to be exchanged early on in the discovery process (see Rule 9-1(1) of the Supreme Court Family Rules) unless the parties otherwise agree or the court otherwise orders, and therefore also often exchanged before the JCC.  (Lists of Documents are not filed in court, but simply exchanged informally between the parties).  More information about Lists of Documents is provided later in this chapter in [[Discovery Process in a Family Matter]].
Lists of Documents are also to be exchanged early on in the discovery process (see Rule 9-1(1) of the Supreme Court Family Rules) unless the parties otherwise agree or the court otherwise orders, and therefore also often exchanged before the JCC.  (Lists of Documents are not filed in court, but simply exchanged informally between the parties).  More information about Lists of Documents is provided later in this chapter in [[Discovery Process in a Family Matter]].


The more information that is exchanged before the JCC the better.  Parties who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the JCC are more likely to reach a settlement at the JCC, and save the time, expense, stress and uncertainty of continuing the lawsuit.
The more information that is exchanged before the JCC the better.  Parties who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the JCC are more likely to reach a settlement at the JCC, and save the time, expense, stress, and uncertainty of continuing the lawsuit.


===The purposes of judicial case conferences===
===The purposes of judicial case conferences===
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<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>


Subrule (3) sets out the exceptions to this requirement:
Rule 7-1(3) sets out exceptions to this general requirement to hold a JCC before an application can be made. These are for times such as:


#when an application is being made for an order restraining either or both parties from disposing of property,
#when the application is to stop a party from disposing of property,
#when an order will be made with the agreement of both parties, and
#when the order being applied for is for something that both parties agree to, and
#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 ''without notice'' 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 ask for an exception under this subrule, you'll have to make an application to the court for an order granting the exception:
There are a few other exceptions in Rule 7-1(3) to the general requirement. Rule 7-1(4) sets out some more, but if you need to ask for an exception under Rule 7-1(4), you must apply to the court first 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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In other words, if your application is urgent you can ask for permission to have your application heard before the first JCC. If your application falls into one of the exceptions set out in Rule 7-1(3), you don't need the court's permission. If your application doesn't fall into either category, you've got little choice but to have a JCC before you can bring your application.
In other words, if your application is urgent you can ask for permission to have your application heard before the first JCC. If your application falls into one of the exceptions set out in Rule 7-1(3), you don't need the court's permission. If your application doesn't fall into either category, you've got little choice but to have a JCC before you can bring your application.


Applications to be exempt from the JCC requirement are made by filing a special form of Requisition without an appearance in court (see [[Form F17 Requisition (General)|Form 17]] - Requisition Schedule A (to Avoid Judicial Case Conference)).
Applications to be exempt from the JCC requirement are made by filing a special form without an appearance in court (see [[Form F17 Requisition (General)]], but be sure to use the version that refers to ''Schedule A'' of the Supreme Court's Family Practice Direction (FPD-13)).


== Supreme Court: Settlement conferences ==
== Supreme Court: settlement conferences ==


Settlement conferences are available in the Supreme Court at the request of both parties.  They are usually not mandatory, but can be ordered by a judge or master.  They are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom for the purpose of exploring all possibilities of settlement (See Rule 7-2 of the of the Supreme Court Family Rules).
Settlement conferences are available in the Supreme Court at the request of both parties.  They are usually not mandatory, but can be ordered by a judge or master.  They are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a master or judge in a courtroom for the purpose of exploring all possibilities of settlement (See Rule 7-2 of the of the Supreme Court Family Rules).


Like JCCs, settlement conferences are private. Only the parties and their lawyers are allowed to be there unless the parties and the judge all agree that another person can attend. They are also held on an off-the-record basis, so that nothing said in the settlement conference can be used against anyone later on (i.e.: in an application to the court or at trial).
Like JCCs, settlement conferences are private. Only the parties and their lawyers are allowed to be there unless the parties and the judge all agree that another person can attend. They are also held on an off-the-record basis, so that nothing said in the settlement conference can be used against anyone later on (i.e.: in an application to the court or at trial).
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It is common practice for parties to exchange settlement conference briefs prior to a settlement conference, and parties may be directed to do so.  There is no specific form of settlement conference brief, but the following information should be included (or at least considered for inclusion):
It is common practice for parties to exchange settlement conference briefs prior to a settlement conference, and parties may be directed to do so.  There is no specific form of settlement conference brief, but the following information should be included (or at least considered for inclusion):
# Key facts & dates: date of cohabitation, marriage, separation &/or divorce, birthdates of parties and children, and other significant dates (may include house sales/purchases and/or moves, changes in employment or education, significant financial transactions such as inheritances, loans, purchases)
* '''Key facts & dates:''' Date of cohabitation, marriage, separation &/or divorce, birthdates of parties and children, and other significant dates (may include house sales/purchases and/or moves, changes in employment or education, significant financial transactions such as inheritances, loans, purchases).
# List of issues to be resolved and a description of your position about each one;  and
* '''List of issues:''' Include the issues to be resolved and a description of your position about each one.
# List of key documents and other evidence to be relied upon, for example expert reports such as a section 211 parenting assessment or a marriage agreement or loan document that is at the heart of the dispute;  you may want to attach a copy of any such document to the settlement conference brief;  do bring an extra copy to the settlement conference in case the judge or the other party doesn’t have theirs.
* '''List of key documents:''' A list of documents and other evidence to be relied upon (for example expert reports such as a section 211 parenting assessment, or a marriage agreement, or a loan document that is at the heart of the dispute). You may want to attach a copy of any such document to the settlement conference brief. Bring an extra copy to the settlement conference in case the judge or the other party doesn’t have theirs.
# Key case law to be relied on (more likely where the parties have lawyers).
* '''Key case law:''' The case law precedent to be relied on (more likely where the parties have lawyers).


At the settlement conference, each party will have turns telling the judge their version of the facts and why they want the orders that they want. The judge will listen and ask questions and explore settlement options.  The judge may even provide opinions about the likely outcome of the case if it goes to trial based upon the judge’s experience in other cases and what the judge knows about the case.   
At the settlement conference, each party will have a turn to tell the judge their version of the facts and why they want the orders that they want. The judge will listen and ask questions and explore settlement options.  The judge may even provide opinions about the likely outcome of the case if it goes to trial based upon the judge’s experience in other cases and what the judge knows about the case.   


Also like JCCs, settlement conferences work best when both parties come prepared, and the more information that is exchanged before the settlement conference the better.  Being prepared also means having a realistic view of the strengths and weaknesses of the evidence that you have to prove your case and the strengths and weaknesses of the legal arguments you are trying to advance.  It is also helpful to have a sense of the likely cost of taking the matter to trial if you can’t settle it at the settlement conference.  Parties who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the settlement conference are more likely to reach a settlement there, and save the time, expense, stress and uncertainty of continuing the lawsuit through to trial.
Also, like JCCs, settlement conferences work best when both parties come prepared, and the more information that is exchanged before the settlement conference the better.  Being prepared also means having a realistic view of the strengths and weaknesses of the evidence that you have to prove your case and the strengths and weaknesses of the legal arguments you are trying to advance.  It is also helpful to have a sense of the likely cost of taking the matter to trial if you can’t settle it at the settlement conference.  Parties who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the settlement conference are more likely to reach a settlement there, and save the time, expense, stress, and uncertainty of continuing the lawsuit through to trial.


=== Scheduling a settlement conference ===
=== Scheduling a settlement conference ===
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