Conferences and Supreme Court Family Law Proceedings: Difference between revisions
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==Conferences in the BC Supreme Court== | ==Conferences in the BC Supreme Court== | ||
The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences, ''settlement conferences'', and ''trial management conferences''. | The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences'', ''settlement conferences'', and ''trial management conferences''. | ||
* '''Judicial Case Conferences''': JCCs are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on | * '''Judicial Case Conferences''': Judicial case conferences, commonly referred to as "JCCs," are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on settlement of any legal issues that can be agreed to early on. This might be short-term arrangements for the support and parenting of children, if the parties can consent. A JCC can also help parties plan the next few steps in the proceeding. The judge or associate judge will document the outcomes of a JCC in a ''case management plan''. JCCs are mandatory in the majority of cases, and by far the most common form of conference in family law cases before the BC Supreme Court. | ||
* '''Case Planning Conferences''': CPCs were introduced in September 2023, and can be requested by a party or held at the direction of a judge | * '''Case Planning Conferences''': Case planning conferences, or "CPCs", were introduced in September 2023. Whereas the JCC is focused primarily on exploring settlement options, the CPC is intended to ensure the case moves forward efficiently with firm timelines and requirements. The court can impose procedural orders on its own initiative (whether or not the parties agree), including orders respecting disclosure and pre-trial discovery steps. Consent is still required for final orders, and it is not a replacement for interim applications about contested key issues. No applications based on affidavit evidence can be heard at a CPC. However, the authority of a judge at a CPC to impose procedural orders (e.g. for disclosure, shortening timelines, or amending pleadings) makes CPCs potentially quite powerful. A CPC can be requested by a party or held at the direction of a judge. If one is scheduled, each party is required to file a ''case plan proposal'' which summarizes how they want to handle a range of issues such as discovery of documents, conducting examinations for discovery, obtaining views of a child, dispute resolution procedures, expert witnesses, witness lists, and what form of trial to have (e.g. a summary trial, or a regular trial). At a CPC's conclusion, the judge must prepare a ''case plan order'', which is a proper order of the court. | ||
* '''Settlement Conferences''': These conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided. | * '''Settlement Conferences''': These conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided. | ||
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===Judicial case conferences=== | ===Judicial case conferences=== | ||
Judicial case conferences, | Judicial case conferences, are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a judge or associate judge in a courtroom, held under Rule 7-1 of the [https://canlii.ca/t/8mcr#sec7_1 Supreme Court Family Rules]. JCCs must be held in all ''contested'' family law court proceedings — cases where a Response to Family Claim has been filed — and, in most cases, they must be held before any interim applications can be heard. In fact, Rule 7-1(2) says that "a party to the family law case must not serve on another party a notice of application or an affidavit in support" in support of an application until a JCC has been heard. | ||
Under Rule 7-1(10) and (11), the parties must exchange Financial Statements in Form F8 before the JCC. (The Form F8 Financial Statements 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 Form F8 Financial Statements is provided in this chapter in the [[Disclosure and Discovery in Supreme Court Family Law Proceedings|Disclosure and Discovery]] section. | Under Rule 7-1(10) and (11), the parties must exchange Financial Statements in Form F8 before the JCC. (The Form F8 Financial Statements 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 Form F8 Financial Statements is provided in this chapter in the [[Disclosure and Discovery in Supreme Court Family Law Proceedings|Disclosure and Discovery]] section. | ||
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A judge or associate judge will discuss how a trial will proceed and what, if any, additional steps must be taken to make sure that the parties are ready for trial, such as exchanging documents and information, organizing experts' reports, or requiring that a views of the child report be prepared. | A judge or associate judge will discuss how a trial will proceed and what, if any, additional steps must be taken to make sure that the parties are ready for trial, such as exchanging documents and information, organizing experts' reports, or requiring that a views of the child report be prepared. | ||
The parties are normally required to attend the TMC in person, unless they have a lawyer and are available by telephone to speak with their lawyer in the event instructions are needed during the conference. | The parties are normally required to attend the TMC in person, unless they have a lawyer and are available by telephone to speak with their lawyer in the event instructions are needed during the conference. | ||
==Resources and links== | ==Resources and links== |