The case conference is the first formal step in family court procedure in Toronto, once a case application has been issued. It is an important opportunity that will set the tone for your case. Working with a Toronto family lawyer during this legal process can ensure your first court appearance is productive and that you are well presented.

Preparing for a Case Conference

Your lawyer will prepare the Case Conference Brief (Form 17A) before your case conference. This document outlines all the issues being disputed and is provided to the other party and the court. The same form is filled out by the other party and provided to you and your lawyer. Other document including but not limited to a Financial Statement (Form 13) and Confirmation of Conference (Form 17F), may also need to be served and filed before the date of the case conference.

Any issues that are settled can form the basis of a draft court order, which can form a part of the case conference.

What Happens During a Case Conference?

The judge starts by outlining the purpose of the conference and hearing submissions from both parties, starting with the applicant and then the respondent. The judge may identify areas where settlement is possible, suggest next steps, or provide guidance on resolving outstanding issues in dispute.

In some cases, if the parties are close to reaching an agreement, the judge may encourage further discussions between the lawyers and clients before returning to continue the conference. If the terms of a settlement are agreed upon, the judge may finalize a draft order.

The court usually issues an Endorsement summarizing any directions or orders made during the conference.

The duration of a case conference in Toronto family court depends on the complexity of the issues, but is often less than an hour long. However, parties should allow several hours for discussion outside the courtroom.

The Objectives of a Case Conference

The case conference serves various important functions within family court procedures in Toronto, with the main aim of resolving family disputes including:

• Narrows the issues: The judge will identify what is in dispute and what has already been agreed on, like parenting time or property division.
• Promotes early settlement: Encourages settlement to the litigation.
• Establishes procedural direction: Timelines may be set, including disclosure or motions. It ensures that the matter progresses efficiently through the system.
• Early opinion: The judge may provide non-binding feedback on each party’s position. This can help both sides understand the strengths and weaknesses of their case.

Get In Touch With A Toronto Family Lawyer

The case conference is an important early step that can impact the direction of your case. Preparation, including a well-drafted Case Conference Brief and complete financial disclosure, is needed.

If you have been served with a court date or are preparing for your first appearance, don’t attend unrepresented. Contact Sudano Law at 647-880-5832 or visit the Sudano Law website to schedule a consultation with a Toronto family lawyer.

Disclaimer: This article provides general information only and is not legal advice.