Difference between revisions of "Case Conferences in a Family Law Matter"
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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 particular 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 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 particular 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/ | 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/t/8mcr#Rule_7_1_Judicial_Case_Conference_125176 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> | ||