Disclaimer: This article aims to provide educational information surrounding family court. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.

When heading out on a long road trip, we often start by studying the map. Even though GPS will guide us with turn-by-turn directions, having a general overview of our route and what landmarks we’ll pass helps us feel more prepared and confident.

The same principle applies to navigating Ontario’s family court system. Just as knowing your travel route makes a trip more manageable, understanding the court process can alleviate much of your uncertainty and anxiety. When we meet with clients, they typically have questions, such as: What does the Ontario family court process entail? What should you expect when you meet with a judge? What are the key milestones along the way?

Case conferences play a crucial role in helping your family resolve your issues and reach a settlement before a full trial. In this article, we’ll break down the different types of family court conferences you’ll encounter and what you need to know to prepare for them.

What is a family court conference? 

A family court conference is governed by Rule 17 of the Family Rules and is a meeting between the parties involved in a family dispute, their lawyers, and a judge. The purpose of these conferences is to streamline the process by identifying issues, exploring settlement options, and ensuring that the case proceeds efficiently. These conferences are designed to facilitate communication, promote negotiation, and can ultimately help you resolve the issues that are currently holding your family back from moving forward.

What are the different types of family court conferences? 

In Ontario, there are several types of family court conferences, each serving a specific purpose.  It’s worth noting that, as per the Family Law Rules, a judge may combine two of the conferences into one appearance.  

What is said at the conferences is private and cannot be used outside of the conference.  

Here’s a closer look at each type.

Case Conference

The Case Conference is the first type of conference you’ll likely encounter in family court. It focuses on clarifying the issues in dispute, setting out the steps required to resolve the case, and encouraging parties to reach a settlement. During this conference, the judge will help identify key issues, discuss possible solutions, and set timelines for the case.

What do you need to serve and file before this conference?

Before your case conference, you will need to file and serve several documents with the court, typically a week in advance:

1. Form 17A: Case Conference Brief – This outlines your position and key issues.
   2. Financial Documents – If your case involves support or property matters, update and file your Form 13 or 13.1 Financial Statement and Form 13A Certificate of Financial Disclosure.
   3. Financial Disclosure – Exchange relevant financial documents with the other party, such as income tax returns, proof of income, assets, and debts.

Additionally, at least 3 days before the conference, you must file a Form 17F: Confirmation of Conference to confirm your attendance and outline the issues for discussion. If you or the other party fail to file this form, the conference may not proceed without the judge’s permission.

Settlement Conference 

The Settlement Conference aims to help parties resolve their issues and come to an agreement before going to trial. This conference is more focused on negotiation and settlement than the Case Conference. The judge will review the case in detail, facilitate discussions between the parties, and explore settlement options. The goal is to help the parties agree on a resolution that avoids the need for a full trial.

What do you need to serve and file before a settlement conference?

Before your settlement conference, you need to file and serve specific documents with the court:

1. Form 17C: Settlement Conference Brief – This outlines your settlement position and proposals.
2. Financial Documents:

• If your case involves equalization of property, file your Form 13B: Net Family Property Statement, updated Form 13.1: Financial Statement, and Form 13A: Certificate of Financial Disclosure.
• If your case involves support issues, file updated Form 13 or 13.1: Financial Statement and Form 13A: Certificate of Financial Disclosure.

3. Financial Disclosure – Exchange financial documents, such as income tax returns, proof of income, assets, and debts, with the other party before the conference to facilitate settlement discussions.

Additionally, at least 3 days before the settlement conference, you must file a Form 17F: Confirmation of Conference to confirm your attendance and specify the issues to be addressed. If you or the other party fail to file this form, you will need the judge’s permission for the conference to proceed.

Trial Management Conference

The Trial Management Conference takes place when a case is headed to trial. Its purpose is to finalize the trial plan, including the schedule, the evidence to be presented, and any other trial-related issues. This conference helps ensure that the trial proceeds smoothly and efficiently, with all necessary preparations and arrangements in place.

What do you need to serve and file before this conference?

Before a trial management conference, you need to serve and file specific documents, depending on the court where your case is being heard:

1. For the Ontario Court of Justice:
     – Form 17E: Trial Management Conference Brief – This document outlines the issues, evidence, and plans for the trial.
2. For the Superior Court of Justice or the Family Court of the Superior Court of Justice:
     – Trial Scheduling Endorsement Form – This must be completed by both parties and endorsed by the court, if not already filed.
     – An Offer to Settle – Provide a written offer to settle all outstanding claims in the case.
     – Outline of Opening Statement – A summary of what you intend to present in your opening statement at trial.

   – In some cases at the Superior Court of Justice or Family Court of the Superior Court of Justice, a Form 17E: Trial Management Conference Brief may also be required.

4. Confirmation of Conference:
     – Form 14C: Confirmation must be filed at least 3 business days before the conference date to confirm the conference and outline the issues to be discussed.

What kind of orders can you obtain at a case conference?

At a case conference, settlement conference, or trial management conference, a judge can make various decisions and issue court orders to help move the case forward provided the parties agree on consent. They might order the disclosure of documents, questioning of witnesses, or the submission of argument summaries. If expert opinions are involved, the judge can decide on engaging experts, using their evidence, or requiring the submission of expert reports.

The judge may also set deadlines for case events or provide directions for the next steps. This could include requiring the filing of materials. In some cases, the judge might direct parties to attend specific programs or meetings, such as mandatory information sessions, additional conferences, mediation, or other community services provided this is on consent of the parties.

Moreover, the judge can issue temporary or final orders to protect the parties’ rights and assets if the parties agree on consent. These orders might cover designating beneficiaries for financial instruments, preserving assets, preventing the destruction of documents, or maintaining health insurance coverage. They may also ensure that periodic payments continue to preserve assets or benefits for the parties and their children.

Lastly, the judge may grant unopposed orders or those agreed upon by both parties. If both parties consent, the judge can also refer issues to alternative dispute resolution to help resolve the case. These orders are designed to facilitate a fair and efficient resolution of family law matters.

From Your First Questions to Your First Appearance – Understanding Family Law in Ontario with Plat Simionati LLP

At Plat Simionati LLP, we are dedicated to guiding you through the complexities of family law in Ontario. Our experienced team is here to help you navigate the process and achieve the best possible outcome for your family. Whether you’re facing family law litigation, or looking to avoid a court case through mediation, our team has the experience and expertise that you need.

If you have questions about family court conferences or need assistance with your family law case, feel free to reach out to us. We’re here to support you every step of the way.