What do I need to prepare for a case conference in Ontario family court?

Detailed Answer

What a case conference is. A case conference is the first time the parties formally appear before a judge in an Ontario family law case. The judge runs it as a conference: the purpose is to let the judge understand the case, narrow the issues in dispute, encourage settlement, and set the procedural steps that come next. It is not a trial and not a motion hearing. The judge will not normally make a final decision on issues that remain contested — who the children live with, how property is divided, or the final amount of support. Sources: Ontario Family Law Rules, O. Reg. 114/99, Rules 14 and 17; Superior Court of Justice Consolidated Provincial Practice Direction for Family Proceedings.

Form 17A: the case conference brief. Form 17A introduces the case to the judge. It generally covers each party's background; the history of the marriage or relationship; the children, if any; the issues still in dispute; what you want the judge's help with; and what settlement discussions have already taken place. The judge reads both parties' briefs before the conference, so the brief should be concise, accurate and focused on what actually matters.

Page limit. The Superior Court of Justice Practice Direction caps a case conference brief at eight pages, including any additional facts or argument attached as an appendix or schedule (permissible attachments are not counted). Some courthouses set their own limit — Barrie allows twelve. Check the practice guidelines for your court before filing.

Form 17A deadlines (Rule 17(13.1)). The party who requested the conference or secured the date: serve and file six days before. The other party: four days before. If neither party requested the date — for example, it was scheduled at a First Appearance — the Applicant is treated as the party who secured it, and the six-day deadline applies to them.

Financial documents. If property division, child support or spousal support is in issue, you also need Form 13 or Form 13.1 (Financial Statement) and Form 13A (Certificate of Financial Disclosure).

The 60-day rule. If your last financial statement is more than 60 days old, it must be updated. File a new Form 13 if your finances have materially changed, or a Form 14A affidavit confirming there is no change or only a minor one. Before filing, black out bank account numbers, mortgage and loan account numbers, and other personal identifying information in your financial statement.

Form 17F: the form people forget. In addition to the brief, each party must file a Confirmation of Conference (Form 17F). It tells the court whether the conference is still needed, how long each party expects to need, the most important issues to be dealt with that day, and which documents the judge should read — identified by volume and tab in the Continuing Record.

What happens if you miss Form 17F. If the confirmation is not filed on time, the court will normally treat the conference as no longer required and remove it from the list, unless the court orders otherwise. You then have to obtain a new date, which wastes time and delays the case.

Form 17F deadline and sequence. File with the clerk no later than 2:00 p.m. three days before the conference. The rule text says "days"; the Superior Court Practice Direction says three business days, so count business days to be safe. Serve first, file second: give a copy of the confirmation to the other party before giving it to the clerk (Rule 17(14)(b)). If the information becomes incorrect after filing, give a corrected confirmation to the other party and the clerk immediately.

You must also confer beforehand. The parties or their lawyers are required to discuss the issues in dispute before the conference and say so in the Form 17F. Failing to confer can result in the conference being postponed and a costs order.

What orders the judge can make. The judge will not normally decide a contested substantive issue at this stage, but the powers go well beyond "procedural". Under Rule 17(8), at a case conference the judge may order document disclosure (Rule 19); order questioning (Rule 20); make orders about expert opinion evidence, including whether an expert is engaged and how the report may be used; set times for steps in the case and schedule the next appearance; and give directions for the next step or steps. The judge can also make any order the parties consent to — that is what a Consent Order is. In practice a great many substantive issues are resolved at the case conference stage, by agreement rather than adjudication.

Preparing is not only about explaining the case. Decide in advance which procedural orders you need to walk out with — disclosure orders and a timetable above all. Without them the case stalls.

Can what I say be used against me later? Generally not. The conference is designed to let parties speak frankly, so the views expressed, the settlement proposals made, and the discussions aimed at resolving the case cannot normally be used at trial or in later steps to show that a party once offered a concession. Form 17A does not go into the Continuing Record unless the judge orders it, and if the court does order the brief into the record, the part dealing with settlement must be deleted (Rule 17(22.1)).

The important exception. If the parties agree on certain facts, or reach an agreement, and that is recorded in the judge's Endorsement or in a Consent Order, those facts and orders can be relied on and enforced afterwards. Before leaving the courthouse, read the Endorsement or Consent Order carefully and confirm that the facts recorded, the agreement reached and the procedural directions are accurate. This step is often skipped, and an inaccurate record follows the case to the end.

Why this step cannot be skipped. Under Rule 14(4), no notice of motion or supporting evidence may be served, and no motion may be heard, before a conference dealing with the substantive issues in the case has been completed. The exception is Rule 14(4.2): the bar does not apply where the court is of the opinion that there is urgency or hardship, or that a case conference is not required for some other reason in the interest of justice. Until you have had one, most interim relief is out of reach — and how well you prepare for it largely determines how fast the case moves over the following months.

For a conference checklist tailored to your court location, timetable and disclosure status, contact Miao He at 647-930-6688.