The following information is a general summary of a case conference brief requirements. It is not an exhaustive description of how to complete every section of the brief. We highly recommend that a party needing to attend a case conference in family court retain legal counsel.
The parties will need to attend a case conference after the first appearance court.
Purpose of Case Conference
As per Rule 17(4) of the Family Law Rules ;
“ (4) The purposes of a case conference include,
(a) exploring the chances of settling the case;
(b) identifying the issues that are in dispute and those that are not in dispute;
(c) exploring ways to resolve the issues that are in dispute;
(d) ensuring disclosure of the relevant evidence, including the disclosure of financial information required to resolve any support or property issue;
(d.1) identifying any issues relating to any expert evidence or reports on which the parties intend to rely at trial;
(e) noting admissions that may simplify the case;
(f) setting the date for the next step in the case;
(g) setting a specific timetable for the steps to be taken in the case before it comes to trial;
(h) organizing a settlement conference, or holding one if appropriate;
(i) giving directions with respect to any intended motion, including the preparation of a specific timetable for the exchange of material for the motion and ordering the filing of summaries of argument, if appropriate; and
(j) in the case of a motion to change a final order or agreement under rule 15, determining the most appropriate process for reaching a quick and just conclusion of the motion.”
In short: Rule 17(4) of the Family Law Rules outlines the purposes of a case conference.
Time For Service And Filing Case Conference Brief
Parties attending a case conference must serve a form 17A case conference brief.
The party requesting the case conference must serve their case conference brief no later than six days before the case conference. Where the case conference has not been requested by a party, the Applicant must serve their case conference brief no later than six days before the case conference. The other party must serve and file its brief no later than four days before the case conference date.
Completing A Case Conference Brief
In order to complete a case conference brief, “Form 17A: Case Conference Brief- General” must be used. You should write the court file number at the top right-hand corner of the first page. Remember to include your name of at the top left-hand corner of the first page of the case conference brief. Also, include both party’s names and counsel information where applicable on the first page.
Part 1: Family Facts
The first part of the case conference brief requires details with regard to the parties’ birth dates. It also includes dates around cohabitation, marriage and separation. Please include the children information, if there are children subject to the proceedings.
Part 2: Issues
At Part 2 of the case conference brief, the parties must confirm the issues that have been settled at the case. They also state the issues that have not yet been settled. The parties must also confirm their incomes.
This Part of the case conference brief also requires the parties to confirm the ways in which they have attempted to settle the court matter.
If any of the issues before the parties have been turned into a temporary or final court order or written agreement, the parties also need to confirm that.
Finally, Part 2 also requires the parties to confirm if they have attended a family law or parenting education session.
Part 3: Issues For This Case Conference
At Part 3 of the case conference brief, the form requires the confirmation of the issues to be addressed at the case conference and the important facts for the case conference. This section can used by the parties to provide details where circumstances have changed since the filing of the Applicant’s Form 8: Application or the filing of the Respondent’s Form 10: Answer.
At section 12 of the case conference brief the parties can present proposals to resolve outstanding issues, in the court case.
Part 4: Financial Information : Case Conference Brief
However, “ Part 4: Financial Information “ of the case conference brief form indicates that:
“If a claim for support has been made in this case, you must serve and file a new financial statement (Form 13 or 13.1), if it is different from the one filed in the continuing record or if the one in the continuing record is more than 30 days old. If there are minor changes but no major changes in your financial statement, you can serve and file an affidavit with details of the changes instead of a new financial statement.”
We recommend to confirm the disclosure requirements with your counsel.
Section 14 of the case conference brief requires confirmation of details of special expenses under the child support guidelines, if applicable.
Financial Disclosure
Updated Financial Information: Family Law Rules
As per Family Law Rule 13 (12), a party shall update their financial information, if a party’s financial information will be more than 60 days old by the conference date.
As per Family Law Rules 13 (12.1) and 13 (12.2) :
Document to be provided
(12.1) For the purposes of subrule (12), a party shall serve and file the following document:
- If the information in the last statement has not changed, an affidavit saying that the information in the last statement has not changed and is still true.
- If the information in the last statement has changed, the following document:
i. If the changes are only minor, an affidavit with details of the changes.
ii. In any other case, a new financial statement.
Timing requirement
(12.2) A party shall serve and file the document referred to in subrule (12.1) no later than the following time: - For a case conference or settlement conference,
i. six days before the conference, in the case of the party requesting the conference or, if the conference is not requested by a party, the applicant or the party making the motion, as the case may be, and
ii. four days before the conference, in the case of the other party.
Form 17F: Confirmation Of Conference
As per rule 17 (14) parties attending a case conference must confirm their attendance:
“Parties to confirm attendance
(14) Each party shall,
(b) before giving the clerk confirmation of the conference in Form 17F under clause (c), give a copy of the confirmation of conference to every other party using mail, fax, email or any other method, except in a child protection case; and
(c) not later than 2 p.m. three days before the conference date, give the clerk the confirmation of conference (Form 17F) by,
(i) delivering it to the court office,
(ii) sending it to the court office by email, or
(iii) submitting it through the Justice Services Online website.”
Practice Directions
It is important to be aware of the practice guidelines applicable at the court the family law case is taking place. At the Barrie Courthouse, case conference briefs have a limit of 12 pages.
Attending A Case Conference
The presiding judge may ask the parties if they attempted a settlement. It is important to use the court date in order to resolve as many issues as possible, as the parties and their counsel will all be in attendance.
A case conference is also an opportunity for the parties to obtain the court’s view on outstanding issues.
Discussions Before Case Conference
As the parties will be serving their respective case conference briefs, on each other, they will have the opportunity to review each other’s briefs and understand their respective positions. This will give the parties an opportunity to discuss potential temporary, or final, resolutions to the outstanding issues at their case.
Attendance
At this time Ontario courts conduct case conferences both in person and by zoom. It is important to confirm the mode of attendance in advance of the conference.
Parties should arrive at least 15 minutes before the scheduled case conference and if possible, inform the court room’s attending court clerk of their arrival. Parties should confirm with their counsel when they should arrive as counsel may want to discuss the issues and what to expect before the conference.
The case conference is an opportunity for the parties to resolve issues on a temporary or final basis. It is also an opportunity for the parties to obtain the court’s view of issues they are not able to resolve. It is important to use the court’s time efficiently during scheduled case conferences.
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Written by: Erick McKinlay